LIBRARY OF CONGRESS, 




000125^4173 




Qass ^Xiii 

Book >As 

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STATE OF WA,SH[I]^G^TO]>^. . 



EXISTING LAWS 

RELATING TO ^. J.. 

FISH, OYSTERS AND GAME, ' 



TOGETHER WITH 



DECISIONS OF THE SUPREME COURT 
IN RELATION TO FISHERIES, 



COMPILED BY 
FISH COMMISSIONER AND GAME WARDEN. 



INDEXED. 



OLYMPIA, WASH.: 
GWIN HICKS, . . . STATE PRINTER. 

1901. 






By traHBfer 

MAY 2 im 



f 



FISHERIES UWS DF THE STATE OF ISIITOI, 

1. Appointment and Term of Fish Commissioner. 
There shall be appointed by the Governor, by and 

with the advice and consent of the Senate, one com- 
petent person, who shall be denominated the Fish 
Commissioner, whose term of office shall continue four 
years from and after the first Monday in Marcb after 
his appointment, and until his successor be appointed 
and qualified. (LawiSqo; i H. C. §2568; i. Bal. C. 

§3323- 

2. Commissioner Shall Give Bond. 

Before entering upon his duties said Fish Commis- 
sioner shall file with the Secretary of State a bond, 
with five or more sufficient sureties, and in the sum of 
five thousand dollars, conditional that he will dis- 
charge his duties under this article faithfully. ( Law 
1S90 ; I H. C. § 2569 ; I Bal. C. § 3324.) 

8. Appointment of Deputies — Term of Office. 

Said commissioner may appoint three deputies, to 
be known as deputy fish commissioners ; they shall 
hold their offices, respectively, during the pleasure of 
the Fish Commissioner, who may summarily remove 
any one of their number whenever, m his judgment, 
he shall deem such a change for any cause advisable. 
( Law 1890 ; I H.C. § 2570 ; i Bal. C. § 3325. 

4. Compensation of Commissioner and Deputies. 

The Fish Commissioner shall receive an annual sal- 
ar}^ of two thousand dollars, to be paid in monthly 
instalments by the State Treasurer, and he shall be 



4 Fish, Oyster and Game Laws of Washington. 

allowed his actual expenses of travel in the perform- 
ance of his duties, not to exceed one thousand dollars 
in any one year. The deputies shall receive a salary 
of twelve hundred dollars each per year, to be paid in 
monthly instalments by the State Treasurer, and they 
shall be allowed their actual expenses of travel in the 
performance of their duty, not to exceed six hundred 
dollars per annum each ; and no payment of salary or 
traveling expenses shall be made by the State Treas- 
urer to any deputy fish commissioner except upon a 
certificate of the Fish Commissioner that he has per- 
formed his duty in all respects to the satisfaction of 
such Fish Commissioner. (Laws 1901, p. 270, § i. 

5. Instructions to Deputies — Bonds. 

Each deputy fish commissioner shall give bonds in 
the sum of two thousand dollars, conditioned on the 
faithful performance of their duties, respectively, such 
bonds to be subject to the approval of the Fish Com- 
missioner. The Fish Commissioner shall issue to his 
deputies such general and special orders and instruc- 
tions in the execution of their duties under the law as 
he shall deem necessary ; and he shall assign one 
deputy to duty in the lower Puget Sound district, and 
one to the Columbia river district; the third deputy 
being assigned to office duty and shall be considered 
the office deputy, but the above assignment shall not 
relieve any deputy from the performance of duty in 
any other part of the state when his services may be 
needed. (Laws 1901, p. 271, §2. 

6. Attorney Greneral — May Assist Commissioner. 

The Fish Commissioner shall have authority to ap- 
ply to the Attorney General for his official opinion 



Fish^ Oyster and Game Laivs of Washington. 5 

upon any question touching the construction and in- 
terpretation of the statutes, and the duties of the Fish 
Commissioner under the statutes for the protection of 
fish and oysters, wherein he shall need legal advice ; 
and the Attorney General may, in his discretion, fur- 
nish from his office such official legal assistance as he 
may deem useful in the conduct of any suit brought 
by the Fish Commissioner, in pursuance of the pro- 
visions of the laws for the protection of fish and oys- 
ters. (Law 1890; I H. C. §2575; I Bal. C. §3333-) 

7. Expenses. 

All expenses incurred under the provisions of this 
article shall be audited by the State Auditor, upon 
bills being presented, properly certified by the Fish 
Commissioner, and the said auditor shall, from time 
to time, draw warrants upon the State Treasurer for 
the amount. (Law 1890; i H. C. § 2576; i Bal. C. 
§3336.) 

8. Duty of Fish Commissioner. 

It shall be the duty of the Fish Commissioner to give 
his entire time and attention to the fishing interests 
of the State of Washington, and by and with the help 
of his deputies, see that all laws for the propagation, 
protection and preservation of food fishes and oysters 
in the public waters of the State of Washington, 
whether entirely or partially within the state bound- 
aries, are enforced, and if necessary, to select and 
purchase suitable land, build, operate and manage 
thereon fish hatcheries for the purpose of supplying 
said waters with young fish ; to employ necessary and 
competent men to successfully carry on said hatcher- 
ies. It shall also be the duty of the Fish Commissioner 



6 Fish, Oyster and Game Laws of Washington. 



to examine into all complaints made to him by coun- 
cilmen of cities or county commissioners, regarding 
dog fish or decayed fish, which are injurious to the 
fishing industries or dangerous to the health of the 
inhabitants, and if necessary, abate said nuisance. 
(Law 1890 ; I H. C. § 2571 ; i Bal. C. § 3326.) 

9. Commissioner Shall Report. 

Said Fish Commissioner shall annually, on Decem- 
ber first, report to the Governor of this state a full 
account of his actions under this article; also, of the 
operations and results of the laws pertaining to the 
fish and oyster industries, the methods of taking fish, 
the number of young fish hatched, and where dis- 
tributed, amount of expense incurred, and make sug- 
gestions as to the needs of further legislation, if any, 
and full statistics of the fishing and oyster business. 
(Law 1890; I H. C. §2572; I Bal. C. §3330.) 

10. Inspection of Canneries. 

The Fish Commissioner of the State of Washing- 
ton and his deputies are hereby authorized to inspect 
all canneries, boats, nets, wheels, traps and other ap- 
pliances, and all property used in the catching and 
packing of fish, or in the fish industry, for the purpose 
of enforcing the fish laws of the State of Washington, 
and to that end said commissioner and his deputies 
are authorized to enter on said property and make in- 
spection thereof. (Law 1893; I Bal. C. §3327.) 

11. Arrests. 

The Fish Commissioner and his deputies shall have 
authority to arrest without writ, rule, order or process 
any person in the act of committing a crime in viola- 



Fish^ Oyster and Game Laws of Washington. 7 

tion of the fish laws of this state, and they are hereby 
made peace officers of this state for that purpose. 
(Laws 1893; I Bal. C. §3328.) 

12. Punishment for Resisting" an Officer. 

If any person knowingly or willfully resists or op- 
poses such officer in the discharge of his said duties 
he shall be punished by imprisonment in the county 
jail not exceeding one year, or by fine not exceeding 
one thousand dollars nor less than fifty dollars, or by 
both fine and imprisonment, at the discretion of the 
court. (Law 1893; i Bal. C. §3329.) 

13. May Appoint Special Deputy. 

The Fish Commissioner is hereby authorized to ap- 
point a special deputy in each county of this state, 
who shall be a resident of the county for which he 
shall be appointed, such special deputy to see that 
the fish laws of the state are observed within the 
county for which he shall be appointed. (Law 1893 ; 
I Bal. C. §3334-) 

14. Compensation of Special Deputy. 

Such special deputy shall receive as his compensa- 
tion one-half of all fines recovered upon prosecution 
procured by him for violation of the fish laws of this 
state, and shall receive no other compensation. (Law 
1893; I Bal. C. § 3335-) 



8 Fishy Oyster and Game Laws of Washington, 



STATE FISH HATCHERIES. 



15. Board of Fish Commissioners Established. 

The Governor, State Treasurer and Fish Com- 
missioner are hereby created a board of fish com- 
missioners ex officio. (Law 1895; i Bal. C. § 3337.) 

16. Hatcheries. 

It shall be the duty of the fish commission created 
by the provisions of the last preceding section to 
procure a suitable site or suitable sites for one or 
more state fish hatcheries, to provide for the creation 
of such state fish hatchery or hatcheries, and to 
supervise the management and control of the same. 
(Law 1895; I Bal. C. § 3338.) 

17. Hatcheries, Where Located. 

The site of the first state fish hatchery shall be upon 
the banks of the Columbia river or one of its tribu- 
taries, and shall be selected and obtained as soon as 
possible. Subsequent hatcheries shall be established 
one each on one of the tributaries of Puget Sound, 
one on one of the tributaries of Grays Harbor, and 
one on one of the tributaries of Willapa Bay, when, 
in the judgment of the lish commission, it be deemed 
advisable. (Law 1895; i Bal. C. § 3339.) 

18. Hatcheries on the ChehaHs River. 

The fish commission is hereby authorized and em- 
powered, and it is hereby made the duty of said 
commission, to establish and maintain a state fish 
hatchery on the Chehalis river or one of its tributaries 
in Chehalis county. (Law 1897; i Bal. C. § 3340.) 



Fish, Oyster and Game Laivs of Washington. 9 

19. Hatcheries to be in Control of Commissioners. 

The State Fish Commissioner shall have charge 
and control of the state fish hatchery or hatcheries, 
and the management of the same, under the super- 
vision of the fish commission, and shall have power 
to employ such assistance and purchase such supplies 
as may be necessary to maintain and operate such 
state fish hatchery or hatcheries. (Law 1895; i Bal. 
C. § 334I-) 

20. Commissioners Shall be Allowed Actual Traveling 
Expenses. 

Said board of commissioners shall receive no com- 
pensation for their services as such board, but shall 
be allowed necessary actual traveling expenses. All 
accounts for expenditures incurred or made pursuant 
to the provisions of this article shall be audited and 
approved by said commission before presentation to 
the State Auditor: Pi^ovided, That no traveling ex- 
penses be allowed unless vouchers show that railroad 
and other expenses were actually paid. (Law 1895; 
I Bal. C. § 3342.) 



PACKING, LABELING, ETC. 



21. Pug-et Sound, Definition of. 

For the purpose of more clearly defining the pro- 
visions of this article, all that portion of the tide wa- 
ters emptying into the Straits of Fuca, and the bays 
and estuaries thereof, shall be known and designated 
as Puget Sound, (i H. C. §2581; i Bal. C. §3343.) 



10 Fish, Oyster and Game Laius of Washington. 

22. Salmon Packagfes, How Marked — Penalty. 

All salmon caught, and cured by salting, for sale 
within the said waters of Puget Sound or any tribu- 
tary thereof, shall be put up in packages marked with 
the name of " Puget Sound Salmon," in plain letters, 
at least two inches long; also the place at which they 
are so cured and packed, and the name or names of 
the parties so curing them and offering them for sale. 
Aviolation of this section shall subject the offender to 
a fine of not less than ten nor more than one hundred 
dollars for each and every offense, to be recoverable 
in any court having jurisdiction of misdemeanors. 
(I H. C. §2582; I Bal. C. §3344-) 

23. Cans Containing" Salmon — Labeled. 

All salmon caught within the waters hereinbefore 
named, and prepared for sale and export, by being 
hermetically sealed in cans made of tin or other metal, 
shall be labeled with labels bearing the words " Puget 
Sound Salmon," together with the name of the person 
engaged in the business of such preparation for ex- 
port and sale by hermetically sealing in cans as afore- 
said, together with the name of their place of business. 
The cans shall likewise be packed in cases, in the 
manner prescribed in the last preceding section for 
packing salmon in barrels. A failure to comply with 
the provisions of this section shall be deemed a mis- 
demeanor, and subject the offender to a fine of not 
less than ten dollars nor more than one hundred dol- 
lars for each and every offense, recoverable in any 
court of competent jurisdiction, (i H. C. § 2582; i 
Bal. C. §3345.) 



Fish^ Oyster and Game Laws of Washington. 11 

24. Marking of Fish Packages. 

All barrels, packages, or cans containing fish caught 
within the state, and packed, barreled, or canned 
therein, shall be marked by label or otherwise, in 
plain letters, with the name of the place where said 
salmon were caught, and also the name of the state, 
in full, and the name of the party or parties putting 
up the same; and for each package, barrel, part of a 
barrel or can not so marked, the person or persons 
whose duty it is to so mark the same shall be subject 
to a penalty of not less than ten dollars, to be recov- 
ered by action brought by any person first informing 
in a court having jurisdiction; and one-half of the 
sum recovered shall go into the common school fund 
of the county where the offense was committed and 
the other half to the informer, (i H. C. § 2584; i 
Bal. C. §3346.) 



REGULATIONS FOR THE CATCHING OF SALMON 
AND OTHER FOOD FISHES. 



25. Rivers and Deception Pass — Certain Apparatus 
Prohibited. 

Hereafter it shall be unlawful to construct, own, 
operate and maintain within any of the rivers of this 
state flowing into Puget Sound, and within said bodies 
of water within a distance of three miles from the 
mouth of any such rivers, and also withm that arm of 
Puget Sound and body of water knows as Deception 
Pass, or within one-half mile of the west entrance 
thereof, and in any of the other salt waters of this 



12 Fish, Oyster and Game Laws of Washington. 

state at a greater depth than sixty-five feet at low 
tide, any pound net, trap, weir, fish wheel, or other 
fixed appliance, set lines excepted, for the purpose of 
catching salmon or other food fishes, and for the pur- 
pose of enforcing the provisions of this section the 
Fish Commissioner shall indicate the mouth of said 
rivers by driving piles therein. It shall also be un- 
lawful hereafter to use any purse net or other like 
seine within three miles and drag seine within one 
mile from the mouth of any of said rivers, or within 
said rivers: Provided, That nothing in this or any 
other act shall prevent an}^ Indian residing in this 
state from taking salmon or other fish by any means 
at an}^ time for the use of himself and family. (Laws 
1899, p. 194, §1.) 

26. Where Pound Nets, Traps, etc., May be used. 
License, etc. 

The use of pound nets, traps, weirs, fish wheels 
and other fixed appliances, and purse nets, drag 
seines and other seines for catching salmon is hereby 
authorized in all the waters of this state wherein the 
same is not prohibited by section one, subject to the 
regulation and license hereinafter provided for or 
otherwise required by law, and the use of set nets and 
gill or drift nets, subject to said license and regula- 
tion for said purpose, is authorized in all the waters 
of this state, except as otherwise provided by law: 
Provided, however. That no fishing appliances shall 
be constructed, operated or maintained upon any of 
the waters of this state or the Columbia river or its 
tributaries by any person whomsoever, without such 
person shall have first obtained a license so to do from 



Fish^ Oyster and Game Laws of Washington. 13 

the Fish Commissioner of this state who is hereby 
authorized to issue said license under the regulations 
provided by law. A separate license shall be required 
for each trap, pound net, weir, fish wheel or other 
fixed appliances, and for every purse net, purse seine, 
drag seine or other seine, gill net, drift net or set net^ 
which license shall be numbered and dated, and shall 
specify the number of the pound net, trap, weir, fish 
wheel or other appliances, seine, gill net, drift net or 
set net, which number shall be designated by the said 
commissioner, and said license shall also contain the 
name of the person to whom such license shall be 
granted. No license shall be issued to any person 
who is not a citizen of the United States, unless such 
person has declared his intention to become such one 
year prior thereto, and is and has been for one year 
immediately prior to the time of the application for 
license an actual resident of the State of Washmgton, 
nor shall any license be issued to any corporation, 
unless such corporation shall be authorized to do 
business in this state: Provided, That nothing in 
this act shall be construed to prevent the issuance of 
licenses to women, minors of the age of eighteen years 
or more, or Indians, who possess the qualifications of 
citizenship and residence hereinbefore required, nor 
to prevent the renewal of any license by persons now 
holdmg the same: Provided, Licenses issued by the 
State of Oregon shall be deemed valid as to gill nets 
for use on the Columbia river as though issued by the 
Fish Commissioner of this state. No more than three 
licenses shall be issues to any one person, firm or cor- 
poration. Licenses may be assigned or transferred. 



14 Fish, Oi/ster and Game Laivs of Washington. 

to any person or corporation entitled to hold licenses 
under the provisions of this act: Provided, That 
notice is given to the Fish Commissioner of said 
transfer or assignment by the transferee within twenty 
days from the date of said transfer or assignment: 
And proi'idcd further, If such notice of transfer is not 
given such license shall be void. No person or cor- 
poration shall own. operate or construct, or cause to 
be constructed or operated any pound net, trap, weir, 
fish wheel or other fixed appliance for the catching of 
salmon on the waters of the Columbia river or its 
tributaries, or in any of the waters of the State of 
Washington, the meshes of which are less than three 
inches stretch measure. (Laws 1899, p. 195, § 2.) 

27. License Number and Lights Displayed — Seines 
and Nets Branded — Boats Numbered. 

Any person owning, operating or using any pound 
net. trap, weir, fish wheel or other fixed appliance for 
taking salmon, shall cause to be placed in a con- 
spicuous place on said pound net, trap, weir, fish 
wheel or other fixed appliance, the number designated 
by the Fish Commissioner at the time of issuing the 
license for the operation thereof; said number to con- 
sist of black figures, not less than six inches in length, 
painted on white ground ; an}- person owning or 
operating or using any seine, purse net, gill net or 
set net for the purpose of taking salmon, shall cause 
to be branded the corks of each end of the seine, 
purse net, gill net or set net, and upon the cork 
nearest the center thereof the number designated b}^ 
the Fish Commissioner at the time of issuing the 
license for the operation of said seine or net; said 



Fish^ Oyster and Game Laws of Washington. 15 

number to consist of figures not less than one-half 
inch in length, and shall also cause to be placed upon 
each side of the bow of the boat used to operate such 
seine or net such license number, preceded by a 
capital ''W," the same to consist of black figures not 
less than six inches in length, painted on white 
ground. All pound nets or traps shall conspicuously 
show at night time, between sunset and sunrise, a 
bright white light. (Laws 1899, p. 196, § 3.) 

28. Nets, How Constructed, Etc. 

No lead or pound net, trap, fish wheel or other 
fixed appliance used or operated in the waters of the 
Columbia river or its tributaries, Willapa Harbor, or 
Grays Harbor in this state, for catching salmon, 
shall exceed eight hundred feet in length, and in the 
waters of Puget Sound two thousand five hundred 
feet in length. There shall be an end passage way of 
at least thirty feet, and a lateral passage way of at 
least nine hundred feet, between all pound nets, traps, 
weirs, fish wheels or other fixed appliances hereinafter 
constructed and placed within the waters of the 
Columbia river and its tributaries, Willapa Harbor 
and Grays Harbor within this state, and there shall 
be an end passage way of at least six hundred feet and 
a lateral passage way of at least twenty-four hundred 
feet between all pound nets, traps, weirs or other 
fixed appliances hereafter constructed and placed 
within the waters of Puget Sound in this state. For 
the purpose of determining end passage way a line 
shall be drawn parallel to the general direction of the 
shore line for one-half mile on either side of a pro- 
posed location, which parallel line shall intersect the 



16 Fish, Oyster and Game Laws of Washington. 

outer end of any location theretofore made, and main- 
tained as by law provided, and a new location shall 
be driven at least six hundred feet distant at right 
angles from such baseline. (Laws 1899, p. 197, §4.) 

29. Licenses, How Obtained, Etc. 

Any person, other than minors under eighteen years 
of age, who desires to work as a fisherman in any of 
the waters of this state on or with any of the fishing 
appliances mentioned in this act, whether said person 
be the owner of an appliance or an employe of an 
owner, shall obtain a fisherman's license from the 
Fish Commissioner of this state as follows: Such ap- 
plicant shall present in writing to the Fish Commis- 
sioner his application, which application shall be 
accompanied by the affidavit of said applicant that he 
is a citizen of the United States, or has declared his 
intention, to become such one year prior to the making 
of such application, and that he is and has been for 
six months next preceding such application a dona fide 
resident of the State of Washington, or of an adjoin- 
ing state, and shall pay to the said Fish Commissioner 
a license fee of one dollar when such application is 
presented, and thereupon a license shall issue to said 
applicant authorizing him to engage in taking and 
catching fish in any of the waters of the state not pro- 
hibited under the provisions of this act. In addition 
to the license aforesaid, any licensed fisherman desir- 
ing to engage in the business of operating a fish trap, 
pound net, set net, gill net, fish wheel, seine or other 
appliance not prohibited by law, for the purpose of 
catching fish, shall make application in writing to the 
said Fish Commissioner, specifying with convenient 



Fish, Oyster and Game Laivs of Washington. 17 

certainty the character of the appliance that applicant 
desires to obtain a license for, together with the num- 
ber of his individual license, as provided in this act, 
and, upon the payment of a license fee as hereinafter 
provided, the Fish Commissioner shall issue to such 
person a license to operate the character of appliance 
desired in such application. (Laws 1899, p. 198, §5.) 

BO. License Fees for Fishing Appliances — Monthly 
Statements. 

All licenses provided in sections 26 and 27 of this 
act shall be issued as follows : Upon application 
therefor by any person, an annual license shall be 
issued by the Fish Commissioner for fixed and other 
appliances for catching salmon or other food fishes as 
herein provided, which shall entitle the holder to op- 
erate said appliances for the term of one year in the 
waters of this state, wherein such appliances are not 
prohibited by law\ The following fees for such li- 
censes shall be collected by the Fish Commissioner 
and paid over to the State Treasurer on or before the 
tenth of each month, and by him turned into the fish 
hatchery fund, to-wit : 

For each drag seine not exceeding two hundred and fifty feet in 

length ?2 50 

For each drag seine more than two hundred and fifty feet in length, 

and not exceeding five hundred feet in length 5 00 

For each drag seine exceeding five hundred feet in length, and not 

exceeding ten hundred feet in length 10 00 

For each drag seine more than one thousand feet in length, and not 

exceeding fifteen hundred feet in length 15 00 

For each drag seine more than fifteen hundred feet in length, and 

not exceeding two thousand feet in length 20 00 

For each drag seine more than two thousand feet in length, and not 

exceeding twenty-five hundred feet in length 25 00 

For each drag seine more than twenty-five hundred feet in length. . 30 00 
For each first-class pound net, trap or weir on the Columbia river. . . iO 00 

—2 



18 Fish, Oyster and Game Laws of Washington. 

For each second-class pound net, trap or weir on the Columbia river. $10 00 

For each first-class purse seine 50 00 

For each second-class pur-e seine 25 00 

For each gill net or drift net 2 50 

For each set net 2 50 

For each pound net, trap or weir on Willapa Harbor and Grays 

Harbor 10 00 

For each pound net, trap or weir (except on the Columbia river, on 

Willapa Harbor or Grays Harbor) 50 00 

For each scow fish wheel 15 00 

Stationary fish wheels shall pay ^25.00 for first 
class wheels and $ic.oo for second class wheels; all 
classification of wheels, pound nets, and purse seines 
to be determined by the Fish Commissioner: F7'o- 
vided, Where any trap or pound net is so constructed 
as to take fish at each end of its main lead, it shall 
obtain and pay for a license especially permitting the 
taking of fish at both ends, for which it shall pay a 
license fee double the amount of a pound net or trap 
taking fish at one end only. In addition to the fore- 
going license charges there shall also be paid by the 
owners of each trap, pound net or fish wheel operated 
in the waters of the state, the sum of one dollar for 
each one thousand fish taken by such trap, pound 
net or fish wheel, and the said additional fee shall be 
paid on or before the tenth day of each month. It 
shall be the duty of every person owning or operating 
any trap, pound net or fish wheel to furnish to the 
Fish Commissioner on or before the tenth day of each 
month a sworn statement giving the number and lo- 
cation of such trap or pound net, and a detailed 
statement of the actual number of fish caught at such 
trap or pound net, and in addition, to answer such 
questions as the Fish Commissioner shall propound 
with reference thereto, which statement shall be 



Fishy Oyster and Game Laws of Washington. 19 

filed with and retained by the Fish Commissioner. 
(Laws 1899, p. 198, § 6.) 

31. License Fees for Business of Buying, Packing, 
etc.— Monthly Statements. 

Every person, firm or corporation engaged in the 
business of buying and selling, packing and preserv- 
ing or otherwise dealing in salmon other than canners 
thereof, shall pay as a license the sum of thirty cents 
per ton gross weight or in the round of said fishes 
bought and sold, packed or preserved or otherwise 
dealt in: Provided, No person engaged in the business 
aforesaid shall pay less than two dollars and fifty 
cents per annum. 

It shall be the duty of each person, firm or corpor- 
ation affected by the provision of this section to render 
to the Fish Commissioner of the State of Washing- 
ton, on or before the tenth day of each month, on 
blanks to be furnished by the said Fish Commissioner, 
a detailed statement showing gross amount of fresh 
fish in the round bought and sold, packed and pre- 
served or otherwise dealt in during the preceding 
month, and each person shall pay to the said commis- 
sioner the amount due under the provision hereof on 
or before the tenth of each month, and a failure or 
neglect to do so shall constitute a misdemeanor, and 
upon the conviction thereof the offender may be pun- 
ished as hereinafter provided. (Laws 1899, p. 200, 

§7.) 

32. License Fees For Canneries. 

Every person, firm or corporation engaged in can- 
ning salmon shall procure a license before commen- 
cing the season's packing, as follows: 



20 Fish, Oyster and Game Laws of Washington. 

For each cannery packing less than 10,000 cases per annum $100 00 

For each cannery packing from 10,000 to 15,000 cases per annum. . . 150 00 
For each cannery packing from 15,000 to 20,000 cases per annum. . . 200 00 
For each cannery packing from 20.000 to 25,000 cases per annum. . . 250 00 
For each cannery packing from 25,000 to 30,000 cases per annum. . . 300 00 
For each cannery packing from 80,000 to 40,000 cases per annum. . . 400 00 
For each cannery packing from 40,000 to 50.000 cases per annum ... 500 00 
For each cannery packing from 50,000 to 60,000 cases per annum. . . 600 00 
For each cannery packing from 60,000 to 70,000 cases per annum. . . 700 00 
For each cannery packing from 70,000 to 80.000 cases per annum. . . 800 00 
For each cannery packing from 80,000 to 90,000 cases per annum. . . 900 00 
For each cannery packing from 90,000 to 100,000 cases per annum. . 1,000 00 

Rates on all canneries to be based upon pack of pre- 
ceding year. New canneries shall pay a license of 
$250.00 until their pack is definitely known. (Laws 
1899, p. 201, § 7>^.) 

83. Taking Salmon— When Unlawful — Closed Season. 

And it shall be unlawful to take or fish for salmon 
in any of the tributaries of Puget Sound during the 
month of April, and from the 15th of October to the 
15th of November in each year. It shall also be un- 
lawful to take or fish for salmon at all times and by 
any means whatsoever in any of the following named 
rivers or their tributaries, above tide water in said 
rivers : Nooksack river, Samish river, Skagit river 
above the town of Hamilton, Stillaguamish river, 
Snohomish river, White river, Puyallup river, Nis- 
qually river and Skokomish river. And it shall be 
unlawful to take or fish for salmon in the waters of 
Grays Harbor, or its tributaries, from the 15th day 
of March to the 15th day of April, and from the 15th 
day of November to the 15th day of December in 
each year. And also it shall hereafter be unlawful to 
take or fish for salmon in any of the following named 
tributaries of Grays Harbor from the 15th day of 
August to the 15th day of November in each year. 



Fish, Oyster and Game Laivs of Washington. 21 

above the points hereinafter described, to-wit : It 
shall be unlawful to take or fish for salmon in the 
Chehalis river above a point one-half mile below the 
mouth of the Wynooche river ; it shall be unlawful 
to take or fish for salmon above a point one-half mile 
above the mouth of the Humptulips river; it shall be 
unlawful to take or fish for salmon above a point one- 
half mile above the mouth of the Elk river ; it shall 
be unlawful to take or fish for salmon above a point 
one-half mile above the mouth of the Johns river. 
The Fish Commissioner is hereby empowered to indi- 
cate the points above which fishing may not be done 
as provided hereinbefore, by driving piles at the points 
in said streams above designated which shall mark the 
points above which said fishing shall not be done. It 
shall be unlawful to take or fish for salmon in the 
waters of Willapa Harbor or its tributaries from the 
15th day of March to the 15th day of April, and from 
the 15th day of November to the 15th day of Decem- 
ber m each year. And also it shall be unlawful to 
take or fish for salmon in any of the following tribu- 
taries of Willapa Harbor above tide water in said 
rivers : North river, Willapa river and Nasel river. 
Nothing in this act shall be construed to prevent fish- 
ing with hook and line, commonly termed angling, in 
any of the above-named rivers. It shall be unlawful 
to take or fish for salmon in the Columbia river or its 
tributaries, or within three miles outside of the mouth 
of said Columbia river, by any means whatever, in 
any year, between 12 m. the first day of March and 12 
M. the 15th day of April, or between 12 p. m. the 15th 
day of August and 12 m. the loth day of September; 



22 Fish, Oyster and Game Laws of Washington. 

and it shall be unlawful at any time to take or fish for 
any salmon by any means whatever, except with hook 
and line, commonly termed angling, in the Kalama 
river, Wind river, Little White Salmon river, We- 
natchee river, Methow river, Little Spokane river, 
and Colville river, and in the Columbia withm one 
mile of the mouth of the above-named rivers. (Laws 
^901, p. 37. § I-) 

34. Using" Nets, etc., in Chambers Creek Prohibited. 
It shall be unlawful at any time to take any fish 

with a net, trap or other device than hook and line in 
Chambers creek, in Pierce county, or within two hun- 
dred and fifty yards of the mouth of said creek, and 
the mouth of said creek shall be construed to mean 
the junction where the fresh and salt waters meet at 
low tide. (Laws 1901, p. 38, § i.) 

35. Locations for Traps, Pound Nets, Seines and Set 
Nets — How Indicated— How Far May be Extended. 

Any person or corporation, after first having ob- 
tained a license as provided for in this act, shall indi- 
cate locations for traps or pound nets made under 
such license by driving at least three substantial piles 
thereon, which must extend not less than ten feet 
above the surface of the water at high tide, one of 
said piles to be driven at each end of the location 
claimed, and upon said terminal piles there must be 
posted the license number, and if the locator fails to 
construct his appliance during the fishing season cov- 
ered by his license, said location shall be deemed 
abandoned. After any such trap or pound net has 
been located the owner thereof may file a description 
thereof, sufficient for identification, with the Fish 



Fish, Oyster and Game Laius of Washington. 23 

Commissioner, and shall thereafter have the exclusive 
right to fish such locations and to sell and transfer 
such right during such time as the locator or owner 
of such right shall comply with the requirements of 
the law pertaining thereto in other respects. Loca- 
tions for drag seines may be made by driving a sub- 
stantial stake or erecting a permanent monument at 
each end of the location claimed and posting thereon 
the number of the license under which such drag 
seine is operated: Provided, That no seine location, 
the title to which is in the state, sliall occupy a greater 
space than twice the length of the seine covered by 
above license. Locations for set nets may be made 
by driving a substantial stake or erecting a permanent 
monument or securely anchoring a buoy on the loca- 
tion claimed, upon which shall be posted the number 
of the license under which such set net is operated: 
Provided, There shall be a lateral passage way of at 
least three hundred feet and an end passage way of 
thirty feet between all set nets. No fishing appliance 
or device of any kind whatsoever located or used 
upon any streams or rivers of this state shall either by 
a lead or any parts of said appliance occupy more 
than one-third of the width of such streams or rivers. 
(Laws of 1899, p. 203, §9.) 

36. Failure to Obtain License, Misdemeanor. ^ 

Any person or corporation owning, operating, main- 
taining or using any pound nets, traps, weirs, fish 
wheels or other fixed appliances, or any seines, set 
nets, gill nets or drift nets for the purpose of catching 
salmon or other food fishes within or upon the waters 
of this state, without first having obtained a license 



24 Fish, Oyster and Game Laws of Washington. 

so to do as provided for in this act, shall be deemed 
guilty of a misdemeanor, and any assignee of a license 
operating any such appliance without giving notice of 
such assignment as required by this act to the Fish 
Commissioner, shall be guilty of a misdemeanor. (Laws 
1899, p. 204, §10.) 

37. Set Nets — When Not Unlawful. 

Nothing in this act shall be so construed as to pre- 
vent fishing with set nets in any of the rivers of this 
state except when such fishing is expressly prohibited 
bylaw, or prohibited by the Fish Commissioner, in his 
discretion, in rivers on which are located state fish 
hatcheries. (Laws 1899, p. 204, §11.) 

88. Protection of Food Fishes— Certain Streams may 
be Closed. 
Whenever the Fish Commissioner shall consider that 
the protection of the food fishes mentioned in this act 
shall require it, he may close to fishing any stream or 
river in this state emptying into Puget Sound, the 
Columbia river. Grays Harbor or Willapa Harbor, in 
the manner following, to-wit: He shall post in the 
office of the county auditor of the county or counties 
through which the stream or streams desired to be 
closed shall run, a notice stating that on a date set up 
in said notice, which date shall not be less than thirty 
days from the date of notice, said stream or streams 
will be closed to public fishing, and shall cause a like 
notice to be published in some weekly paper published 
in said county or counties for not less than four suc- 
cessive issues. Any person fishing in said stream or 
streams after it shall have been closed as hereinabove 
provided, shall be guilty of a misdemeanor, and upon 



I 



FUh, Oyster and Game Laws of Washington. 25 

conviction shall be punished as provided for the pun- 
ishment of misdemeanors in this act: Provided, No- 
thing in this section contained shall be construed to 
prohibit hook and line fishing for salmon in any stream 
or streams in this state. (Laws 1899, p. 204, §12.) 

39. Fish Hatchery Fund. 

All moneys collected for licenses and fines under 
the provisions of this act shall be turned into the 
State Treasury and placed in the fish hatchery fund. 
(Laws 1899, p. 205, § 13.) 

40. Definition of Salmon. 

Whenever the term salmon is used in this act it 
shall be construed to include and apply to chinook, 
steelhead, blueback, silverside, and all other species 
of salmon. (Laws 1899, p. 205, § 14.) 

41. United States Officers May Take for Propagation. 

Nothing in this act shall be construed so as to 
prevent the taking of salmon or other food fishes by 
the Fish Commissioner or proper officer of the United 
States for propagating purposes. (Laws 1899, p. 
205, § 15.) 

42. Reports to Fish Commissioner. 

It shall be the duty of all persons who purchase 
salmon or food fishes from fishermen or takers or 
catchers of salmon, or other food fishes, for the pur- 
pose of selling or canning them or the product of the 
same for profit, to report to the Fish Commissioner 
on blanks furnshed by him, on or before the 15th day 
of November of each year hereafter, the number of 
each species of fish, stated separately, so purchased 
by them, or if purchased by weight, the number of 



26 Fish, Oyster and Game Laws of Washington. 

pounds of each species, and the average price per 
pound; such statement or report shall be made under 
oath. (Laws 1899, p. 205, § 16.) 

43. Oaths May be Administered by Fish Commissioner. 

The Fish Commissioner is hereby authorized to 
administer oaths, and may require any statement 
made to him in application for license, or in any 
report submitted to him, or in any manner connected 
with the discharge of his official business, to be made 
to him under oath. (Laws 1899, p. 205, § 17.) 

44. Terms Delined. 

The term "person or persons," when used in this 
act, shall be taken to include partnerships, associa- 
tions and corporations. The term "seine" in this act 
is intended to cover all forms of nets known as seines, 
purse seines or purse nets, trawls, beam trawls, stow 
nets, draw nets, bag nets, drag nets, drift nets, reef 
nets and dredge nets. (Laws 1899, p. 205, § t8.) 

45. Reports to Fish Commissioner Confidential. 

All reports showing the status of the business of 
any person required under the provisions of this act 
to report to the Fish Commissioner shall be treated 
by said commissioner as confidential and shall not be 
open to public inspection, nor shall they be published 
in any way by the commissioner or communicated to 
any person unless their publication shall be necessary 
in some civil or criminal proceedings against said per- 
son or persons for the purpose of enforcing the 
provisions of this act: Provided, That the Fish 
Commissioner may utilize any and all statistics fur- 
nished him in any annual, biennial or other report 



Fish, Oyster and Game Laivs of Washington. 27 

made by him where the use of said statistics or in- 
formation will not disclose to the public the condition 
of business of any person: And provided further. 
That if the Fish Commissioner or any one in his em- 
ploy shall willfully publish the said information or 
statistics disclosing the condition of business of any 
individual in violation of this section, he shall be 
guilty of a misdemeanor and shall be punished by a 
fine of any amount not exceeding one thousand dol- 
lars. (Laws 1899, p. 205, § 19.) 

46. Penalty. 

Any person violating any of the provisions of this 
act, whether or not such violation is otherwise specif- 
ically declared to be a misdemeanor, either by neglect- 
ing to observe the requirements of this act or violat- 
ing any of the provisions thereof, shall be deemed 
guilty of a misdemeanor, and shall upon conviction 
thereof for each and every offense, be subject to a fine 
of not less than ten dollars nor more than two hundred 
and fifty dollars. (Laws 1899, p. 206, § 20.) 

47. Repeal — Saving Clause. 

All acts and parts of acts in conflict with the pro- 
visions of this act are hereby repealed: Provided, That 
all licenses now existing under the laws heretofore in 
force shall be continued for the time such licenses 
may have to run or for the unexpired portion thereof, 
the same as if this act had not taken effect, and such 
licenses shall be renewed upon application upon the 
payment of the license fees as provided by this act. 
(Laws 1899, p. 206, §21.) 



28 Fish, Oyster and Game Laws of Washington. 

48. Boats, Seines and Other Appliances May Be Confis- 
cated. 

Any and all appliances used in violation of any of 
the provisions of this article, viz., boats, traps, nets, 
weirs, fish wheels, or other appliances, shall be subject 
to execution for the payment of the fines herein pro- 
vided. Such appliances may be seized by the Fish 
Commissioner and shall be forfeited to the state, and 
the proceeds turned into the fish hatchery fund, and 
the Superior Court of the state shall have exclusive 
jurisdiction in all cases. (Laws 1897, p. 218, §6; i 
Bal. C. §3352.) 

49. Pugfet Sound Defined. 

For the purpose of more clearly defining the term 
"Puget Sound," all that portion of the tide waters 
emptying into the Straits of Fuca, and the bays, 
inlets, streams and estuaries thereof, shall be known 
and designated as Puget Sound. (Law i8go; 2 H. 
P. C. §278; 2 Bal. C. §7381. 

50. When Trout May Not be Taken. 

Every person who shall, within the State of Wash- 
ington, during the months of November, December, 
January, February and March of each year, take, 
catch, kill or have in their possession any brook trout 
[or] mountain trout shall be deemed guilty of a mis- 
demeanor. Every person who shall take, catch, kill 
or have in their possession any of the food fishes im- 
planted in the creeks, rivers, lakes or bays of the 
State of Washington, except for propagating the 
same, for a period of three years after the same shall 
have been implanted, shall be guilty of a misde- 
meanor. (Law 1895; 2 Bal. C. §7373.) 



Fish, Oyster and Game Laws of Washington. 29 

51. Trout to be Taken Only With Hook and Line. 

Every person who shall, within the State of Wash- 
ington, catch or destroy, with any seine, net, weir, 
trap, or other device, other than hook and line, any 
mountain trout, brook trout, bull trout, or salmon 
trout, in any of the waters of the State of Washing- 
ton, shall be guilty of a misdemeanor. (Law i8gi ; 
H. P:C. §269; 2Bal. C. §7374.) 

62. Possession Presumption of Unlawtul Taking" 

Every person who shall, within the State of Wash- 
ington, have in his possession any of the animals, 
fowls, birds or fish mentioned in section 50 at any 
time when by any of said sections it is made unlawful 
to take or kill the same, shall be guilty of a misde- 
meanor ; and proof of possession by any person of 
the aforesaid animals, fowls, birds or fish, when it is 
unlawful to take or kill the same, shall be prima facie 
evidence that the animals, fowls, birds or fish were 
unlawfully taken or killed by the person having pos- 
session of the same, within the county wherein the 
same may be found : Provided, That nothing in this 
article shall prohibit any person from taming or keep- 
ing for the purpose of propagation or curiosity any of 
the animals, fowls or birds mentioned therein. (Law 
1891; H. P. C. §270; 2Bal. C. §7375.) 

53. Penalty for Violation. 

Every person who shall, within the State of Wash- 
ington, be convicted of a violation of any of the pro- 
visions of sections 50 and 51, shall be punished by a 
fine of not less than ten dollars and not more than 
three hundred dollars, together with the costs of pros- 



30 Fish, Oyster and Game Laws of Washington. 

ecution, or imprisonment in the county jail where the 
offense is committed not less than five days nor more 
than three months, or both such fine and imprison- 
ment. One-half of all moneys collected from such 
fines for a violation of any of the provisions of said 
sections shall be paid to the informer, and one-half to 
the county in which the case is prosecuted. ( Law 
1888; H. P. C. § 273 ; 2 Bal. C. § 7376.) 

54. For the Protection of Salmon in Columbia River. 

It shall not be lawful to take or fish for salmon in 
the Columbia river or its tributaries, by any means 
/ whatever, in any year hereafter, between the first day 
I of March and the tenth day of April, or between the 
' tenth day of August and the tenth day of September, 
and any such person or persons fishing for or catching 
salmon in violation of this section or catching salmon 
by leaving or having any fishing gear in the water in 
a condition to take fish, or purchasing salmon so un- 
lawfully caught, or having in his or their possession 
any such salmon, shall be deemed guilty of a misde- 
meanor, and upon conviction thereof be fined in a sum 
not less than fifty dollars nor more than two hundred 
and fifty dollars ; and it shall be unlawful for any per- 
son or persons to receive or have in his possession, or 
to offer for sale or transportation, or to transport, dur- 
ing the closed season in the spring, namely, from March 
first to April tenth, and from August tenth to Septem- 
ber tenth, any of the following varieties or kinds of 
fresh fish : Chinook salmon, silver salmon, steel head 
or blue back ; and any person or persons violating any 
of the provisions of this section shall be deemed guilty 
of a misdemeanor, and be fined in a sum not less than 



Fish, Oyster and Game Laws of Washington. 31 

sixty dollars nor more than two hundred and fifty dol- 
lars. (Law 1895; 2 Bal. C. § 7377.) 

Note.— Closed season is now from 12 m. March 1st, to 12 m. April ISth. 
and 12 p. M. August ISth, to 12 m. September lOth. (See ^ 33 hereof; 
Laws 1901, p. 38.) 

55. Taking of Salmon Near Pish Rack. 

It shall be unlawful to catch, kill or in any manner 
destroy any salmon on or within one mile below any 
rack or other obstruction erected across any river or 
stream for the purpose of obtaining fish for propaga- 
tion, and any person or persons violating any of the 
provisions of this section shall be deemed guilty of a 
misdemeanor, and upon conviction thereof be fined in 
a sum of not less than fifty dollars nor more than two 
hundred and fifty dollars; and any and all appliances 
used in violation of this section, boats, nets, traps, 
wheels, seines, or other appliances, shall be subject 
to execution for the payment of the fine imposed. 
(Law 1890; 2 H. P. C. §275; 2 Bal. C. §7378.) 

56. Young Salmon Must be Restored to Water Where 
Caught. 

Every person who by seine or by any means what- 
ever, except by hook and line, shall catch young 
salmon of ten inches in length or less, in the waters (^ 
of Puget Sound, or in any of the streams flowing into 
Puget Sound, and who shall not return the same im- 
mediately alive to the water, or who shall sell or offer 
for sale any such fish, or shall willfully destroy any 
small fish not merchantable, shall be deemed guilty of ) 
a misdemeanor, and upon conviction thereof shall be S 
fined in a sun* not less than twenty-five dollars norcJ 
more than seventy-five dollars for each and every 
offense. (Law 1893; 2 Bal. C. § 7383.) 



32 Fish, Oyster and Game Laws of Washington. 

57. Corrupting Waters Containing Fish ~ Explosives. 

It shall not be lawful to cast or pass, or allow to be 
cast or passed, into any waters of this state into 
which salmon or trout are wont to be, any lime, gas, 
cocolus indicus, or any other substance deleterious to 
fish, or to explode or cause to he exploded any 
powder, Hercules powder, dynamite, nitro glycerine, 
or any other explosive substance, for the purpose of 
catching, killing or destroying salmon or other food 
fish, and any person or persons violating any of the 
provisions of this section shall be deemed guilty of a 
misdemeanor, and, upon conviction thereof, be fined 
in a sum not less than fifty dollars nor more than two 
hundred and fifty dollars. (Law 1891; 2 H. P. C. 
§280; 2 Bal. C. §7384.) 

58. Fishways to be Provided. 

Any person or persons now owning, or maintaining, 
or who shall hereafter construct or maintain, any dam 
or other obstruction across any stream in the state in 
which any food fish are wont to ascend, without pro- 
viding a fishway or ladder determined and approved 
by the Fish Commissioner of this state and suitable 
to enable the fish to pass over, through or by said ob- 
struction, upon conviction thereof shall be guilty of a 
misdemeanor and punished by a fine of not less than 
one hundred dollars nor more than two hundred and 
fifty dollars, and said dam may, in the discretion of 
the court, be abated as a nuisance. Any person who 
at any time shall catch or take any food fish of the 
State of Washington within one hundred yards of any 
fishway or ladder, whether such fishway or ladder is 
lawful or not, shall be guilty of a misdemeanor and 



Fish, Oyster and Game Laws of Washington. 33 

upon conviction thereof shall be punished by a fine of 
not less than fifty nor more than two hundred and 
fifty dollars. (Law 1893; 2 Bal. C. § 7385.) 

59. Casting Sawdust, etc., into Streams. 

It shall not be lawful for the proprietor of any saw 
mill in this state, or any employe therein, or any other 
person, to cast sawdust, planer shavings, or other 
lumber waste made by any lumber manufacturing con- 
cern, or suffer or permit such sawdust, shavings or 
other lumber waste to be thrown or discharged in any 
manner into the Columbia river and its tributaries, 
and all other streams and lakes in this state where 
fish resort to spawn, and any person or persons vio- 
lating any of the provisions of this section shall be 
deemed guilty of a misdemeanor, and upon conviction 
thereof shall be fined in a sum not less than one hun- 
dred nor more than two hundred and fifty dollars. 
( Law 1890; 2 H. P. C. § 282; 2 Bal. C. § 7386.) 

60. Word "Salmon" Defined. 

Whenever the term ''salmon" is used in this act, 
it shall be construed to include chinook, steel head, 
blue back, silver sides, and all other species of sal- 
mon. (Law 1890; 2 H. P. C. § 283; 2 Bal. C. § 7387.) 

61. Pound Nets or Traps Used, to be Numbered and 
Ligfhted. 

Any person or persons owning, operating or using 

any pound net or trap shall cause to be painted on a 

conspicuous place on said pound net or trap, while 

the same is in use, a number designated by the Fish 

Commissioner of this state, said number consisting of 

a black figure or figures not less than six inches in 

—3 



34 Fish, Oyster and Game Laws of Washington. 

height painted on a white ground; and shall also be 
conspicuously shown at night time, between sunset 
and sunrise, a bright white light; and any person or 
persons violating the provisions of this section shall 
be deemed guilty of a misdemeanor, and shall be fined 
in any sum not exceeding two hundred and fifty dol- 
lars. (Law 1891; 2 H. P. C. § 284; 2 Bal. C. § 7388-) 

62. Jurisdiction of Justices of the Peace. 

Justices of the peace shall have concurrent jurisdic- 
tion with the Superior Court of all offenses mentioned 
in this act. (Law 1890; 2 H. P. C. § 284^; 2 Bal. C. 

§ 7389-) 

68. Taking Fish for Propagation is LawfuL 

Nothing in this act shall be construed so as to pre- 
vent the taking of fish at any time of year, and in any 
manner, for propagation, (Law 1890; 2 H. P. C. 
§ 285; 2 Bal. C. § 7390.) 

64. Right to Take Fish for Sale Limited to Citizens. 
It shall be unlawful for any person to fish for or take 

for sale or profit any salmon, sturgeon, or other food 
fish in any of the rivers or waters of this state, or 
over which it has concurrent jurisdiction in civil and 
criminal cases, unless such person be a citizen of the 
United States, or has declared his intention to be- 
come such one year prior thereto, and is and has been 
for six months immediately prior to the time he en- 
gages in such business an actual resident of the state. 
(Law 1891; 2 H. P. C. § 286; 2 Bal. C. § 7391.) 

65. Fact of Citizenship and Residence, How Determined. 

Any person desiring to fish for salmon, sturgeon, 
or other food fish in any such rivers or waters may go 



Fish, Oyster and Game Laivs of Washington. 35 

before any county clerk of any county in this state 
and furnish satisfactory evidence of his citizenship, or 
of the fact that he has declared his intentions to be- 
come such one year prior thereto, and file his own 
affidavit and the affidavit of two other persons, to the 
effect that he is and has been for six months prior 
thereto an actual dona fide resident of this state, and 
thereupon such recorder or clerk shall issue to him a 
certificate briefly reciting those facts, and thereafter 
in any prosecution against such- person for a violation 
of the provisions of this act such certificate or duly 
authenticated copies of the record in the office of the 
clerk or recorder relative thereto shall be prima facie 
evidence of his citizenship and residence as in this 
act required. But in all prosecutions under this act 
the burden of proof shall be on the defendant to es- 
tablish the facts of his citizenship and residence. 
(Law 1891; 2 H. P. C. §287; 2 Bal. C. §7392.) 

66. Punishment Upon Conviction of Oftense. 

Any person violating any of the provisions of this 
act, upon conviction thereof before any justice of the 
peace, shall be fined not less than five nor less [more] 
than one hundred dollars. (Law 1891 ; 2 H. P. C. 
§288; 2 Bal. C. §7393-) 

67. Certificate -Fee for Issuing — Registry. 

For taking the affidavits and issuing the certificates 
herein provided for, the clerk shall collect from the 
party applying the sum of one dollar, to be paid into 
the county treasur}'' ; and he shall keep in his office a 
record of all certificates issued pursuant to this act. 
(Law 1S91 ; 2 H. P. C. § 289 ; 2 Bal. C. § 7394.) 



36 Fish, Oyster and Game Laws of Washington. 

68. Persons Excepted from Operation of Above Sections. 
Nothing in this act shall be construed to prevent 

citizens of any state having concurrent jurisdiction 
with this state over or upon any rivers or waters from 
fishing upon such rivers or waters : Provided, That 
this act shall not apply to Indians. (Law 1891 ; 2 
H. P. C. §290; 2BaL C. §7395.) 

69. Protection of Sturgeon — Closed Season. 

Hereafter it shall not be lawful for any person or 
persons to take, capture or kill in the waters of the 
Columbia river or tributaries thereof any sturgeon be- 
tween the first day of March and the first da}^ of No- 
vember in each and every year, under a penalty of 
twenty dollars for each and every sturgeon so taken, 
captured or killed, or had unlawfully. (Laws 1899, p. 
271, § I.) 

70. Protection of Young Sturgeon — Penalty. 

It shall not be lawful at any time to take or kill any 
young sturgeon under four feet in length, or fish for 
the same by any device or appliance whatever in the 
waters of the Columbia river or tributaries thereof, 
and any person or persons fishing with gill nets, fish 
wheels or other fishing apparatus whatever in the wa- 
ters of the Columbia river or tributaries thereof, who 
on lifting, drawing, taking up or removing any of said 
nets, or other fishing apparatus, shall find young stur- 
geon under four feet in length entangled or caught 
therein, shall immediately, with care and the least 
possible injury to the fish, disentangle and let loose 
the same and transmit the fish to the water without 
violence. Any person or persons violatmg any of the 



Fish^ Oyster and Game Laws of Washington. 37 

provisions of this section, or having in their posses- 
sion young sturgeon under four feet in length, either 
for consumption or sale, or who is known to willfully 
destroy the same, for so offending shall, on conviction 
thereof, be punished with a fine of ten dollars for each 
and every fish so caught, sold or destroyed. ( Laws 
1899, p. 271, §2. 

71. Chinese Lines Prohibited— Penalty. 

It shall be unlawful to cast, extend, set, use or con- 
tinue or assist in casting, extending or using any 
Chinese sturgeon lines, or lines of a similar character, 
in the waters of this state. The Fish Commissioner 
and any deputies are hereby authorized to seize and 
destroy any such lines found in said waters, and they 
are hereby authorized to arrest forthwith any person 
or persons detected in setting or using any Chinese 
sturgeon lines, or lines of similar character, in the 
waters of this state. Any person violating any of the 
provisions of this section shall be fined in a sum not 
less than twenty-five dollars and not more than one 
hundred dollars. (Laws 1899, p. 272, § 3.) 

72. Unlawful Sale of Fish Without Brand. 

It shall be deemed a misdemeanor to sell or offer 
for sale within the State of Washington any case or 
package of fish packed in other states that are not 
plainly marked or branded on their exterior, explana- 
tory of the exact nature or finished condition of the 
preparation contained, thereby preventing misrepre- 
sentation and sale of inferior or imitative brands of 
fish for the genuine article packed or prepared within 
said state. Each violation of this section shall be 
punishable by a fine not to exceed ninety-nine dollars, 



38 Fish^ Oyster and Gavie Laws of Washington. 
nor less than twenty-five dollars. (Law 1893; 2 Bal. 

c. § 7177-) 

73. Penalty for Selling Diseased or Unwholesome 
Provisions. 

Every person who shall knowingly sell any kind of 
diseased, corrupted or unwholesome provisions, 
whether for meat or drink, without making the same 
fully known to the buyer, shall, on conviction thereof, 
be imprisoned in the county jail not more than one 
year, and be fined not exceeding one thousand dol- 
lars, or fined only. (Cd. 1881; 2 H. P. C. § 213; 2 
Bal. C. § 7275-) 

74. Protection of Bass, Perch, Pickerel and Pike — 
Closed Season. 

It shall not be lawful for any person or persons to 
take, capture, catch or kill in any of the lakes or 
streams in this state, or have in their possession after 
the same has been taken, captured, caught or killed, 
any bass, perch, pickerel or pike, between the 15th 
day of May and the ist day of July of each and every 
year. (Laws 1901, p. 324, § i.) 

75. Bass, Perch, Pickerel and Pike to Be Taken Only 
with Hook and Line. 

It shall not be lawful at any time to take, capture, 
catch or kill any bass, perch, pickerel or pike in any 
of the lakes of streams of this state by the use of any 
device or in any other manner than with hook and 
line. (Laws 1901, p. 324, §2.) 

76. Protection of Bass, Perch, Pickerel and Pikev-Pen- 
alty. 

Upon conviction of any violation of this act (see 
T[T[74and 75) the person or persons so convicted 



Fish, Oyster and Game Laics of Washington. 39 



shall be punished by a fine of not less than ten dol- 
lars, nor more than fifty dollars. (Laws 1901, p. 

324. §3-) 



PEIVATE FISH HATCHERIES. 



77. Riparian Proprietor May Establish Private Hatch- 
ery. 

An}^ riparian proprietor may establish a private fish 
hatchery for the culti ation of food fishes, and for 
such purpose and use may, within the limits of his 
own premises, mclose the waters of any river or stream 
or lake in this state, subject to the conditions and 
regulations hereinafter provided ; and any person law- 
fully conducting any such private fish hatchery and 
engaged in the artificial propagation, culture and 
maintenance of fishes, may take them in his own in- 
closed waters wherein the same are so cultivated and 
maintained at any time and for any purpose. ( Laws 
1901, p. 318, §1.) 

78. Private Hatchery— Passae:eway for Migratory Fish 
Passageway for Boats, Etc.— Exceptions. 

Any person, firm or corporation establishing a pri- 
vate fish hatchery and inclosing the waters of a river 
or stream, as provided in section i of this act ( see 
^ 77) shall provide and furnish a suitable passageway 
along said hatchery for migratory fishes naturally fre- 
quenting such waters, above and below such hatchery, 
and shall so place and construct said inclosure as to 
allow the passage of boats, saw logs, shingle bolts, 
cordwood, fencing posts or rails, without unreason- 



40 Fish, Oyster and Game Laws of Washington. 

able delay, when such inclosure is upon a river or 
stream navigable and generally used for the naviga- 
tion of boats, or for the floating down of logs, fenc- 
ing posts, or rails : Provided, That if the person, firm 
or corporation inclosing the waters of a river or 
stream, as herein provided, is the sole riparian pro- 
prietor thereof from such inclosure to and including 
the source of such river or stream, such person, firm 
or corporation shall be excepted from the operation 
of this section, and shall not be required to furnish 
any passageway for fish or for boats, logs, fencing or 
other material. (Laws 1901, p. 318, §2.) 

79. Private Hatchery Defined. 

Any person, firm or corporation engaged in the bus- 
iness of taking fish spawn and the artificial hatching 
thereof, or in the raising of fry and fish therefrom, in 
any of the waters or streams of this state, shall be 
deemed to be conducting a private fish hatchery 
under the terms of this act. (Laws 1901, p. 319, § 3.) 

80. ' Sale of Fish From Private Hatchery Prohibited, 

Unless Location, etc., be Approved, and Same Li- 
censed. 

No fish spawn, fry or fish from any private fish 
hatchery shall be sold under the terms of this act, 
unless the location and plan of such hatchery, includ- 
ing the character and size of fishway and passage be 
approved by the Fish Commissioner, and the same 
duly licensed as a private fish hatchery. (Laws 1901, 

P- 319. §4-) 

81. When Fish May Be Sold. 

The product of such fish hatchery, fish spawn, fry 
and fish, may be sold at any time of the year by such 



Fish, Oyster and Game Laws of Washington. 41 

hatchery or their then vendees after having first com- 
plied with the terms of this act and the regulations of 
the Fish Commissioner in relation thereto. (Laws 
1901, p. 319, §5.) 

82. License Fee. 

Each private fish hatchery, before it shall be entitled 
to the benefits of this act, shall pay an annual license 
fee of $25 to the" Fish Commissioner. (Laws 1901, 
P- 319, §6. 

83. Reports to Fish Commissioner. 

It shall be the duty of the superintendent or person 
in charge of any private fish hatchery to make a 
quarterly report to the state Fish Commissioner of the 
amount of spawn, fry and number of fish sold, and 
the name and address of the party receiving the same. 
It shall be the duty of each person, firm or corporation 
affected by the provisions of Par. 84 to render to 
the Fish Commissioner of the State of Washington a 
quarterly report giving a detailed statement showing 
the amount of spawn, fry and number of fish received 
from any private hatchery, and giving the name and 
postofiice address of the superintendent or manager 
of the same. (Laws 1901, p. 319, §7.) 

84. License Fees for Business of Buying", Packing", Sell- 
ing", Etc. 

Every person, firm or corporation engaged in the 
business of buying and selling, packing and preserv- 
ing, or otherwise dealing in trout or other food fish 
obtained from private hatcheries of this state, shall 
procure a license for such business from the Fish 
Commissioner of the state and shall pay an annual 
license fee of $2.50. (Laws 1901, p. 320, §8.) 



42 Fish^ Oyster and Game Laivs of Washington. 

85. Unlawful to Take Fish Without Permission of Pro- 
prietor of Private Hatchery. 

No person shall take fish in any manner from the 
inclosed portion of any river, stream, pond or other 
water in which a private fish hatchery is located, or 
in which fish are artificially propagated, cultivated 
and maintained under the provisions of this act, with- 
out permission of the owner or proprietor of such 
hatchery. (Laws 1901, p. 320, §9.) 

86. Fish and Grame Protection Fund. 

All moneys collected for licenses and fines under 
the provisions of this act shall be turned into the state 
treasury and placed in the fish and game protection 
fund. (Laws igoi, p. 320, § 10.) 

87. Penalty. 

Any person violating any of the provisions of this 
act (ITf 77-89) shall be deemed guilty of a misde- 
meanor, and upon conviction thereof shall be pun- 
ished by imprisonment in the county jail for a period 
not to exceed six months or by a fine of not more 
than $500 or by both such fine and imprisonment. 
(Laws 1901, p. 320, § II.) 

88. Ta^s or Brands on Fish Sold. 

The State Fish Commissioner shall have authority 
to require tags, branding or other device attached to 
all fish sold from private hatcheries. (Laws iQOi, 
p. 320, § 12.) 

89. Repealing Clause. 

All acts and parts of acts in conflict with the pro- 
visions of this act (^1[ 77-89) are hereby repealed. 
(Laws 1901, p. 320, § 13.) 



OYSTER T^J^^WS. 



BOARD OF OYSTER LAND COMMISSIONERS. 



90. Appointment by Governor of Commissioners. 

It shall be the duty of the Governor to appoint, 
upon petition of the county commissioners of any 
county, a board to be known as the ''board of oyster 
land commissioners." Said board shall consist of 
three persons, who shall be residents of the county in 
which they serve. They shall also have been en- 
gaged in the cultivation of oysters for at least five 
years, and shall be during their term of office, so en- 
gaged. If a member of the board shall at any time 
cease to fulfill the foregoing conditions of eligibility, 
the Governor shall, on determination of the fact, de- 
clare the place vacant and fill the same by appoint- 
ment. The official term of one member shall expire 
the first day of January succeeding his appointment; 
the official term of another shall expire the first day 
of the second January following his appointment; the 
official term of the third member shall expire the first 
day of the third January following his appointment. 
Their successors shall be appointed for three years 
each. The board first appointed shall enter at once 
on its duties, and the Governor, in appointing the 
members thereof, shall specify the length of time for 
which the several members are appointed. The 
board shall elect its own chairman and other officers. 
(Laws 1897, p. 298, § i; Bal. C. § 2219.) 

(43) 



44 Fish, Oyster and Game Laws of Washington. 

91. Application for Purchase of Oyster Land. 

In case of application to purchase oyster land, the 
State Commissioner of Public Lands shall, at the 
time of publication of notice of application to pur- 
chase, require the county board of oyster land com- 
missioners to immediately inspect the land applied for 
and report to the Commissioner of Public Lands their 
findings as to the following facts: 

First. Whether the land or any portion thereof is a 
natural oyster bed. 

Second. Whether it be necessary in order to secure 
adequate protection to any natural oyster bed to re- 
tain in the public domain the land the application for 
the purchase of which has been made, or any portion 
thereof. 

Third. Whether the land or any portion thereof, 
having been a natural oyster bed within ten years 
past, may reasonably be expected to again become 
such within ten years in the future. (Laws 1897, 
p. 299, §2; I Bal. C. §2220.) 

92. Public Hearing" to Investig-ate Character of Beds. 

In case one or more of the above three questions 
be answered in the affirmative the Commissioner of 
Public Lands shall investigate the matter at a public 
hearing in the county where the lands in question are 
situated. The Commissioner of Public Lands shall 
publish notice of such hearing in some paper of gen- 
eral circulation in the county, at the expense of the 
applicant, not less than one week nor more than four 
weeks before the date of hearing. Unless at suc^h 
hearing it be conclusively shown to the Commissioner 
of Public Lands that in the matter at issue the county 



Fish^ Oyster and Game Laws of Washington. 45 

oyster land commissioners were in error, they shall 
refuse to sell such lands or such portion thereof as 
may be determined by the foregoing restrictions. Ap- 
plication for the purchase of lands thus withheld from 
sale may not be made again within six years, except 
that the person last making application may repeat 
the application during the three months next preced- 
ing the expiration of the six years. (Laws 1897, 
P- 299, § 3; I Bal. C. § 2221.) 

93. Compensation of Commissioners — Mileage. 

For performing the duties prescribed in ^ 75 the 
members of the board of oyster land commission- 
ers shall receive no compensation except a mileage 
of ten cents per mile each way to and from their resi- 
dence and the lands inspected, said mileage to be 
paid by the intending purchaser. (Laws 1897, p. 300, 
§ 4; I Bal. C. § 2222. ) 

94. Land Shall be Sufficiently Described. 

All applications for the purchase of oyster lands 
shall, in addition to the surveyor's description by 
metes and bounds, make description in such terms of 
local geography as shall suffice to convey a knowledge 
of its location with reasonable accuracy to persons 
acquainted in the vicinity. (Laws 1897, p. 300, § 5; 
Bal. C. § 2223.) 

95. Platting of Beds by Commissioner. 

It shall be the duty of the Commissioner of Public 
Lands, upon the advice of the county oyster land com- 
mission, and in his discretion, to cause to be surveyed 
and platted any natural beds of oysters, together with 
such adjacent lands as may be necessary to the pro- 



46 Fish, Oyster and Game Laws of Washington. 

tection and continuance of said natural oyster beds. 
One copy of the plat shall be filed with the records of 
the Commissioner of Public Lands, and one in the 
office of the auditor of the county in which the lands 
are situated. (Laws 1897, p. 300, § 6; i Bal. C. §2224.) 

96. Reservation of Natural Oyster Beds by Commis- 
sioner. 

On completion of the survey provided for in the last 
foregoing section, the Commissioner of Public Lands 
shall declare such lands to constitute a natural oyster 
bed reserve, and to be thereby perpetually reserved 
from sale, lease or conveyance by the state to any 
other party. (Laws 1897, p. 300, § 7; i Bal. C. § 2225.) 

97. Definition of Natural Oyster Beds — Construction 
of Article. 

The term "natural oyster bed " shall in the forego- 
ing parts of this article be construed as meaning a 
natural bed upon which are natural oysters in suffi- 
cient quantities to be of practical value as a source of 
oyster supply. Neither in the foregoing parts of this 
article nor elsewhere shall it be material to the defini- 
tion of the term '^ natural bed of oysters" that the bed 
must have been planted originally by the unaided pro- 
cess of nature, but it shall be equally considered a 
natural bed if originally seeded with oysters or shells 
by human industry while the land was in the public 
domain and not used for private purposes, or having 
been used for private purposes, was later abandoned. 
The creation of any ^'natural oyster bed reserve" 
shall not be construed to declare that lands in the 
vicinity but not included in the reserve, are not nat- 
ural oyster beds, and persons purchasing oyster lands 



Fish, Oyster and Game Laws of Washington. 47 

or tide lands shall be required, as in other cases, to 
show that the lands which are applied for do not con- 
tain any natural oyster bed or otherwise violate the 
condition of sale by the state. No part of this article 
shall be construed to remove any heretofore existing 
restrictions of the sale of oyster lands or tide lands. 
Laws restricting and regulating the taking of oysters 
from natural beds shall apply equally to beds within 
and without the natural oyster bed reserve. ( Laws 
i8q7, p. 301, §§ 8, 9; I Bal. C. § 2226.) 

98. Board to Prosecute Violation of Laws. 

It shall the duty of the board of oyster land com- 
missioners to discover and prosecute any violation of 
the laws of the state protecting and regulating the 
oyster industry, and are hereby constituted police of- 
ficers of the state with full power to make arrests for 
any such violation. (Laws 1897, p. 301, § 11; i Bal. 
C. §2227.) 

99. Licenses. 

The board shall issue, to persons not otherwise 
prohibited by the laws of the state, license to take 
oysters from the natural beds. It shall be unlawful 
for any person not in possession of such license to 
gather or remove oysters from the natural beds, either 
for himself or on account of another, in the county 
over which the board has jurisdiction; and upon con- 
viction therefor he shall be fined in any sum not less 
than twenty nor more than one hundred dollars. The 
board shall require of each applicant for license, as 
provided in this section, a fee of two dollars, which 
shall be full compensation for their services in all 
respects except in mileage when examining lands as 



48 Fish, Oyster and Game Laws of Washington. 

hereinbefore provided. Each appHcant shall take 
oath to observe all the laws of the state protecting 
and regulating the oyster industry, and the members 
of the board are hereb}' authorized to administer such 
oath. No license shall be required of minors under 
eighteen when working with their parents. All 
licenses shall expire the fifteenth day of February of 
each year. (Laws 1897, p. 301, § § 12, 13; i Bal C. 
§ 2228.) 

100. Additional Requirements. 

In addition to the license the board may, in their 
discretion, require of all licensees an equal amount of 
labor, not to exceed three days each, to be applied, 
under the direction of the board, to the removal of 
star fish and other pests from the natural beds, or 
otherwise increasing the productiveness of the beds. 
This work shall not be required to be done during the 
season when it is unlawful to take oysters from the 
natural beds, except at the pleasure of the licensee. 
The board may revoke the license of any licensee 
failing to perform the required work within thirty days 
of the time of his notification, and may withhold future 
license till the work is done. (Laws 1897, p. 302, 
§ 14; I Bal. C. § 2229.) 

101. Reservation of Beds When Depleted. 

When it shall appear that any natural oyster bed 
has become so depleted as to greatly impair its utility 
as a source of supply, or that any other natural oyster 
ground which is a source of small supply may, through 
a period of disuse, become a source of large supply, 
the Fish Commissioner may reserve it from public use 



Fish, Oyster and Game Laws of Washington. 49 



for a term of years, not to exceed four, by causing to 
be posted in a conspicuous place at each of the three 
postoffices nearest said lands a plainly printed notice 
of such act of reservation, such notice stating the time 
during which and the limits within which such reser- 
vation is in force. The description of the limits of 
such reservation need not be by surveyed metes and 
bounds, but may be by such local terms of description 
as shall be sufficient to secure general knowledge oi 
the same by persons acquainted in the locality. In 
addition to the posted notices of reservation, the Fish 
Commissioner shall, when practicable, publish the 
same in a newspaper published in the county. (Laws 
1897, p. 302, §7; I Bal. C. §2230.) 

102. Board to Act With Fish Commissioner. 

The county oyster land commissioners shall consti- 
tute an advisory board to the Fish Commissioner in 
the exercise of the powers granted in the last preced- 
ing section. Also, the Fish Commissioner may dele- 
gate such powers to the board, within prescribed times 
and limits, in which case and within which limits the 
board shall have full executive powers for making such 
reservations. Such powers shall vest de facto in the 
board in case of vacancy in the office of Fish Com- 
missioner for more than thirty days and until such 
vacancy be filled, but in such case reservation may 
not be made to be in force longer than one year con- 
trary to the discretion of the succeeding Fish Com- 
missioner. In the event of the abolishing of the office 
of Fish Commissioner, such powers shall vest in the 
persons provided by law to succeed to his powers; 
and if no such provision be made, such power shall 
—4 



50 Fish, Oyster and Game Laws of Washingt07i. 

vest wholly in the county board. (Laws 1897, p. 303, 
§ 16; I Bal. C. §2231.) 

103. Youn^ Oysters Shall be Returned to Beds. 

The county board may direct the manner and place 
of returning young oysters to the natural beds, as 
heretofore provided in the laws of the state. Such 
direction shall in all cases, within reasonable bounds, 
be observed, and for non-observance thereof the same 
penalties shall attach as for not returning the oysters 
to natural beds or planting on private beds. (Laws 
1897, p. 303, § 17; I Bal. C. § 2232.) 

104. Meeting:s— Records— Removal. 

The county board shall hold meetings the first 
Tuesdays in October and February, and at such other 
times as the chairman may direct. He shall notify 
other members of the board of special meetings. 
The county board shall keep a plain record of all their 
transactions, which shall be subject to pubhc inspec- 
tion at all reasonable times. For neglect of duty or 
abuse of trust and authority the Governor may re- 
move any member of the county board. (Laws 1897, 
P- 303? § § 18-20; I Bal. C. § 2233.) 

105. Extent of Restrictions. 

The restrictions which the county board is by this 
article empowered to place on the sale of oyster lands 
shall obtain whether the control and sale of such lands 
remain with the State Commissioner of Public Lands 
or shall be elsewhere vested. (Laws 1897, p. 304, 
§ 21; I Bal. C. § 2234.) 



Fish^ Oyster and Game Laws of Washiiigton. 51 



HOW OYSTER LANDS ARE ACQUIRED. 



106. Acquisition of Lands for Planting- — Survey, Etc. 
It shall be lawful for any person who is entitled to 

purchase tide lands pursujant to the act of March 
twenty-six, eighteen hundred and ninety, as being an 
occupant of land planted with oysters, to survey or 
cause to be surveyed at his own expense, the land 
that pursuant to said act he is entitled to purchase, 
not exceeding one hundred acres in area: Provided, 
That the party making application to purchase under 
the provisions of this article shall accompany such ap- 
plication with a certificate under oath to the effect 
that lands purchased under the provisions of this ar- 
ticle shall be used for oyster planting purposes only. 
Survey and description in duplicate of such tract 
shall be subject to the direction, oversight and ap- 
proval of the Board of State Land Commissioners, 
and one description of said tract as surveyed shall be 
filed with and be recorded by the county auditor of 
the county in which said tide lands are situated, in a 
book kept by him for such especial purpose, and a 
duplicate description in the office of the Commissioner 
of Public Lands. (Laws 1895, p. 36, §§ 1-2; i Bal. 
C. § 2235.) 

107. Price Per Acre — Survey Lines of. 

The survey of such lands, as provided in the fore- 
going sections of this article, may not be required to 
follow the lines of United States government survey, 
but may follow the direction of the oyster beds actu- 
ally occupied by the party proposing to purchase the 



52 Fish, Oyster and Game Laws of Washington. 



same; the persons entitled to purchase such oyster 
beds under the provisions of this article may purchase 
the same at the rate of one dollar and twenty-five 
cents per acre, one-fourth of which price shall be paid 
at time of making such purchase, and the remaining 
three-fourths in three equal annual payments, each of 
which sums shall draw interest at the rate of eight per 
cent, per annum, the unpaid portions remaining as a 
lien upon said land until all payments shall be made 
in full, and the purchaser shall thereupon be entitled 
to a deed to the same. Said deed shall be executed 
by the Governor, attested by the Secretary of State 
with the seal of the state thereunto .attached, which 
deed shall contain the conditions of defeasance in this 
article provided. (Laws 1895, p. 36, § 3; i Bal. C. 
§ 2236.) 

108. Prior Rig^ht of Actual Occupant— Application to 
Purchase. 

Any person having the right to purchase such tide 
lands as provided by this article, and being an actual 
occupant of the same, shall have the prior right to 
purchase for a period of six months from and after 
the passage of this act and its being signed and ap- 
proved by the Governor. Upon the filing of a des- 
cription of the survey of such land, as provided for by 
the foregoing sections of this article, the person or 
persons having occupied or desiring to occupy such 
lands as described m paragraph 90, may file with the 
Commissioner of Public Lands an application to pur- 
chase such lands, together with a description of the 
lands applied for, by metes and bounds, and upon the 
receipt of the same the Commissioner of Public Lands 
shall, at the expense of the applicant, publish, or 



Fish, Oyster and Game Laws of Washington. 53 

cause to be published, for three successive weeks in 
any newspaper of general circulation printed and 
published in the county where such lands are situated, 
a notice of such application to purchase, giving 
therein a description of lands applied for. During 
the next thirty days following the last publication of 
said notice, any person claiming a prior right to pur- 
chase such tide lands may file with the Commissioner 
of Public Lands a contest for the purpose of establish- 
ing a prior right to purchase, or, upon petition of ten 
citizens who shall be residents of the county wherein 
such contest shall be upon the right of applicant to 
purchase, as provided in the foregoing sections of 
this article. If the party making contest shall fail to 
establish a prior right to purchase, said party shall be 
liable for the costs resulting direct from such contest, 
except private attorney fees, and the sum of such 
cost shall be paid b}^ such contestant into the state 
treasury department, and, upon such payment being 
made, shall be entitled to a receipt for the same. 
(Laws 1895, p. 37, § § 4, 5; I Bal. C. § 2237.) 

109. Construction. 

This article shall in no manner apply to the pro- 
visions of the act of March twenty-sixth, eighteen 
hundred and ninety, providing for the appraisal and 
disposition of tide and shore lands in the State of 
Washington except as far as it relates to lands actually 
used or to be used for the purpose of oyster planting. 
(Laws 1895, p. 38, §6; i Bal. C. §2238.) 

110. Right to Purchase. 

Any person desiring to purchase tide lands for the 
purposes of oyster planting may purchase tide lands 



54 Fish, Oyster and Game Laws of Washington. 

of the third class not included in any natural oyster 
beds or any reserve pursuant to the provisions of this 
article, in subordination of any preemption right con- 
firmed by said act of March twenty-sixth, eighteen 
hundred and ninety. Nothing in this article shall be 
construed so as to effect [affect] the preference right 
of shore or upland owners or improvers, as conferred 
by the provisions of said act or other provisions of 
law. (Laws 1895, p. 38, §7; i Bai. C. §2239.) 

111. Persons Authorized to Purchase — Abandonment. 

No person shall be entitled, directly or indirectly, 
to the privileges of this article who is not an actual 
resident and citizen of the United States and State of 
Washington, and no person not a citizen of the State 
of Washington shall be competent to acquire deeds to 
any lands sold by the state under the provisions of 
this article: Provided, That any citizen of the United 
States and not a citizen of the State of Washington, 
or any corporation organized under the laws of any 
other state other than the State of Washington, that 
has planted and cultivated and planted in oysters any 
tract or tracts or parcels of such lands for the period 
of five years next preceding January first, eighteen 
hundred and ninety-five, shall have the exclusive right 
to purchase such tract or tracts or parcels of land so 
planted and cultivated as aforesaid, but not exceeding 
one hundred acres in the aggregate, such prior right 
to be within six months after the approval of this act. 
And failure to make application to purchase said lands 
within six months by such person or corporation shall 
forfeit the right hereb}^ granted to such person or cor- 
poration to purchase any such lands. If from any 



Fish, Oyster and Gam.e Laivs of Washington. 55 

cause any tract or tracts, parcel or parcels of land 
purchased under the provisions of this article shall 
become unfit and valueless for the purpose of oyster 
planting, the party having so purchased and being in 
possession of the same may, upon certifying such fact 
under oath to the Commissioner of Public Lands and 
to the auditor of the county wherein such lands are 
situated, and also upon filing under oath a certificate 
of abandonment of such tract or tracts, parcel or 
parcels of land, in the oiBce of each of said officials, 
such party shall then be entitled to again make pur- 
chase as hereinbefore provided; or if said land be used 
by the purchaser or any successors in interest of such 
purchaser in whole or in part for other than the pur- 
poses specified in this article, then upon application 
by any citizen to the State Land Commissioner such 
sale may be canceled, and the said land shall revert to 
the state and shall be subject to sale as herein pro- 
vided, but not to such defaulting purchaser or such 
defaulting successor in interest. (Laws 1895, p. 38, 
§§ 8, g; I Bal. C. § 2240.) 

112. Construction. 

The provisions of this article shall not apply to 
such lands as have already been surveyed, appraised 
and platted. (Laws 1895, p. 39, § 10; i Bal. C. 
§ 2241.) 



56 Fish, Oyster and Game Laws of Washington. 



SALE OF OYSTEE LANDS. 



113. Ri^ht to Purchase. 

All persons having the qualifications provided b}^ 
law to enable them to purchase tide lands within the 
State of Washington, and who prior to March 26, 
1890, in good faith entered upon tide lands not in 
front of any incorporated city or town, nor within two 
miles thereof on either side, and planted and cultivated 
thereon artificial oyster beds, and who continued to 
occupy and work the same continuously and in good 
faith to March 26, 1890, and ever since said date, and 
who are now in possession of and working said oyster 
beds in good faith, shall be permitted to purchase the 
same for the purpose of cultivating oysters thereon, 
and for no other purpose, whether said tracts were 
originally covered by alleged natural oyster beds or 
not; and where, notwithstanding such prior occupancy 
and cultivation, any such tract or tracts so occupied 
prior to March 26, 1890, shall since such date have 
been reserved from sale or lease as natural oyster 
beds, the person or persons or their assigns who 
planted, occupied and cultivated such artificial beds, 
may, by complying with the provisions of law touch- 
ing the sale of artificial oyster beds and paying the 
value thereof fixed by the State of Washington, be 
and they are hereby entitled to receive a deed, subject 
to all the provisions of this article, to such tract or 
tracts not exceeding in area forty acres to any one 
person, as they so in good faith improved as such 
artificial oyster beds prior to March 26, 1890. (Laws 
1895. P- 39. § i; I Bal. C. § 2242.) 



Fish, Oyster and Game Laws of Washington. 57 

114. Conditional Reversion to the State. 

It shall be expressly provided in the deed of con- 
veyance of any such oyster bed, and the tide land 
covered thereby, that said land, at the time of convey- 
ance, is not in front of any incorporated city or town, 
nor within two miles thereof on either side, and that 
the said land is not now used for purposes of trade or 
commerce; that if at any time after the granting of 
said deed the land described therein shall cease to be 
used for the purpose of an artificial oyster bed, it shall 
thereupon revert to, and become the property of, the 
State of Washington, and that the same is conveyed 
to the grantee only for the purposes of cultivating 
oysters thereon, and the State of Washington hereby 
reserves the right to enter upon and take the posses- 
sion of said tract or tracts if at any time the same is 
used for any other purpose than the cultivation of 
03^sters ; and the State of Washington reserves the 
further right to enter upon and take possession of any 
tide lands sold under the provisions of this and the 
last section, at any time when it desires, upon paying 
to the then owner or occupant the original purchase 
price of the lands, together with the value of the im- 
provements erected thereon, the then value of his 
artificial oyster beds amd improvements erected 
thereon, in connection with the carrying on of the 
raising and propagation of oysters by artificial culti- 
vation. (Laws 1895, p. 40, §2; I Bal. C. §2243.) 



58 Fish, Oyster and Game Laws of Washington. 



OYSTER BEDS — PROPACJATION AND GATHERING OP 

OYSTERS. 



115. Acquisition by Discovery of Oyster Beds. 

Any person or persons, being a citizen or citizens 
of the United States, who shall discover any bed or 
beds of oysters in any bay or arm of the sea border- 
ing upon this state, that has not been before discov- 
ered, shall, by right of said discovery, be entitled to 
the exclusive right or privilege of gathering or dredg- 
ing oysters on said bed or beds for the term of five 
years. The person or persons making such discov- 
ery, who desires to avail himself of the rights and 
privileges hereby granted, shall be required to desig- 
nate the place and area of the bed or beds so discov- 
ered, with the stakes or other artificial marks, and 
shall make affidavit before the county auditor of the 
county in which such discovery has been made that 
he located the premises so discovered, accompanied 
by a description and diagram of the same, which shall 
be filed in the office of said county auditor : Provided, 
That the restriction and protection of the discoveries 
shall be ten acres, (i H. C. § 2594 ; i Bal. C. § 3362). 

116. Penalty for Gathering Oysters From Bed Loca- 
ted by Another. 

It shall not be lawful for any person to gather 
oysters by any means on any beds located in accord- 
ance with the preceding section, except at the option 
and by the permission of the party or parties holding 
the same, under a penalty of five hundred dollars fine 
for so offending, or imprisonment, to be recovered in 



Fish, Oyster and Game Laivs of Washington. 59 

a civil action, to be brought in the name of the state. 
(I H. C. § 2595 ; I Bal. C. § 3363). 

117. Time Allowed in Which to Remove Oyster Beds. 

Any person who has prior to the twenty-sixth day 
of March, Anno Domt'm eighteen hundred and ninety, 
planted oyster beds upon any of the tide or shore 
lands of this state, shall be granted a period of not 
less than six months and not more than three years 
after said land has been sold by the state, to remove 
the same; the time to be determined by the Commis- 
sioner of Public Lands. And arty person shall have 
the exclusive possession of said tide or shore lands 
during the time that he has to remove the said oysters 
under the provisions of this act: Provided, That in 
case any planter of oysters shall fail w^ithin the time 
allotted to remove the said oysters, he shall be 
deemed to forfeit the same to the purchaser or owner 
of said lands: Provided, That this shall not apply to 
tide lands within two miles of an incorporated city. 
(Law 1891 ; I H. C. § 2596; i Bal. C. § 3364.) 

118. Word "Person" Construed. 

Whenever the word "person" is used in this act, 
it shall be deemed to mean person, persons, firm or 
corporation. (Law 1891 ; i H. C. §2597; i Bal. C. 
§3365-) 

119. Planter's Rights. 

When any person has, acting in good faith, planted 
oysters on any tide or shore lands not containing any 
bed of natural oysters belonging to the State of Wash- 
ington, and not otherwise occupied for purposes of 
trade or commerce, such oysters shall, pending the 



60 Fish, Oyster and Game Laws of Washington. 

sale, lease or reservation of such lands by the state, 
be considered as personal property, and the unauthor- 
ized taking of the same shall subject the offender to 
civil and criminal prosecution as in any similar case 
of violation of property rights: Provided, That the 
grounds holding the oysters have been kept suitably 
marked by stakes or other landmarks; but such stakes 
or other landmarks having been removed by accident or 
design shall not excuse any person from wrongfully 
takmg the oysters thereby marked if he knew the 
grounds to have been planted with oysters. (Laws 
1895, p. 46, § I ; I Bal. C. § 3366.) 

120. Deep Water Planting:. 

When any person has, acting in good faith, planted 
oysters on any grounds lying deeper than the level of 
the water, said grounds being under the jurisdiction 
of the State of Washington, and not otherwise occu- 
pied for the purpose of trade or commerce, such oys- 
ters shall, pending the sale, lease or reservation of 
such lands by the State of Washington, be considered 
as personal property, and the unauthorized taking of 
the same shall subject the offender to civil and crimi- 
nal prosecution as in any similar case of violation of 
property rights: Provided, That the grounds holding 
the oysters have been kept suitably marked by stakes 
or other landmarks, but such stakes or other land- 
marks having been removed by accident or design 
shall not excuse any person for wrongfully taking the 
oysters thereby marked if he knew the grounds to 
have been planted with the oysters. ( Laws 1895, 
p. 46, § 3; I Bal. C. § 3367-) 



Fish, Oyster and Game Laws of Washington. 61 



121. This Article Confers no Rig-ht to Purchase. 

Nothing in this article shall be construed as giving 
any prior or exclusive right of purchase or lease from 
the State of Washington of any shore and tide lands 
or deeper lands when the same may or shall be dis- 
posed of by the state or offered by the state for sale or 
lease, nor shall it be construed as in any way remov- 
ing, diminishing or affecting any such rights hereto- 
fore provided for by an act, or hereafter to be provided 
for by an act, neither shall this article be in any way 
amendatory of an act entitled ''An act to protect per- 
sons who have planted oysters upon tide and shore 
lands prior to March twenty-sixth, eighteen hundred 
and ninety-one." (Laws 1895, p. 47, § 3; i Bal. C. 
§ 3368.) 

122. Penalty for Removing- Oysters. 

Any person who shall, without due authority, re- 
move oysters belonging to any other person, either 
from plant beds or cull beds, or from any boat or wa- 
ter craft, or from any float or crate, shall be subject 
on conviction to a fine of not less than one hundred 
dollars nor more than one thousand dollars, one-half 
of the fine to be paid to the informer, and, at the dis- 
cretion of the court, to imprisonment for not less 
than six months nor more than three years; but if the 
offense be committed later than one hour after sunset 
or earlier than one hour before sunrise, the minimum 
penalty shall be a fine of two hundred and fifty dollars 
and imprisonment. The penalties provided in this 
section shall not prevent the recovery by the injured 
party in civil action of damages for any unlawful re- 
moving of oysters. (Laws 1895, p. 47, § 4; I Bal. C. 
§ 3369O 



62 Fish^ Oyster and Game Latus of Washmgton, 

128. Evidence, How Secured. 

In any trial for violation of the provisions of this 
article, if the accused be found having in his posses- 
sion oysters for which he cannot account, or for which 
he gives an account which is shown by evidence to be 
false, that fact shall be sufficient evidence to secure 
conviction, but the court trying the case may not con- 
vict on such evidence when in its judgment it would 
lead to a verdict doing injustice to the accused. (Laws 
1895, p. 48, §5; I Bal. C. §3370.) 

124. Providing- for the Return of Small Oysters to Beds. 

It shall not be lawful for any person to destro}^ 
oysters taken from the natural beds, by assorting or 
culling them on land or shore, and leaving the small 
oysters there to die; but in all cases the small oysters 
shall be returned to their natural beds or to private 
beds for cultivation; and if any person shall offend 
against the provisions of this section, or in any way 
wantonly destroy the small oysters, he shall, on con- 
viction thereof, be liable to a fine for each offense, or 
imprisonment [as prescribed] in the next succeeding 
section, (i H. C. §2593; i Bal. C. §3371-) 

125. Natural Oysters, How Lawfully Gathered. 

It shall at all times be unlawful to gather with any 
tool or implement, or in an}^ way whatever, any oyster 
from any natural oyster bed, except the person so 
gathering shall be on and working from a boat or 
water craft of some kind, said water craft being afloat 
during the time he is gathering. Any person violating 
any provision of this section shall, on conviction 
thereof, be fined in any sum not less than $100 nor 
more than $400, and, at the discretion of the court. 



Fifihj Oyster and Game Laws of Washington. 63 

be imprisoned in the county jail not less than two 
months nor more than six months; one-half the afore- 
said fine to be paid by the state to the informer. 
(Laws 1897, p. 304, §22; I Bal. C. §3372.) 

126. Dredg-ing" is Unlawful. 

It shall not be lawful to dredge for the purpose of 
taking oysters from the natural oyster beds in the 
waters of and within the State of Washington, except 
under the supervision of the state or United States 
government for experimental or scientific purposes. 
(Laws 1895, p. 24, § I ; i Bal. C. §3373-) 

127. Penalty. 

Any person violating any of the provisions of the 
last preceding section shall be guilty of a misde- 
meanor, and upon conviction thereof shall be fined in 
any sum not less than fifty dollars nor more than one 
hundred dollars, or be confined in the county jail for 
a period not less than ten nor more than sixty days, or 
be both fined and imprisoned, at the discretion of the 
court. (Laws 1895, p. 24, § 2 ; i Bal. C. § 3374.) 

128. Legal Period for Gathering Oysters. 

It shall be unlawful to gather oysters or to remove 
them from any natural oj^ster bed or natural oyster 
bed reserve in any of the rivers, bays or waters of the 
State of Washington at any time from the fifteenth 
day of June to the fifteenth day of March following 
and inclusive, of each year, except under the super- 
vision of the fish commissioner of the State of Wash- 
ington, or of the United States, for the purpose of 
propagation, experimental or other scientific pur- 
poses : Provided, That nothing in this section shall be 



64 Fish, Oyster and Game Laws of Washington. 

construed to interfere with the provisions of section 
3362 of Ballinger's Annotated Codes and Statutes of 
Washington, being section iigS of the Code of 1881. 
(Laws 1899, p. 270, § I.) 

129. Penalty. 

Any person violating any of the provisions of para- 
graph 128 shall be deemed guilty of a misdemeanor, 
and, upon conviction thereof, be fined in any sum not 
less than twenty-five dollars nor more than one hun- 
dred dollars, or be imprisoned in the county jail for a 
period of not less than ten days nor more than sixty 
days, or to be both fined and imprisoned, at the dis- 
cretion of the court. (Laws 1895, p. 50, § 2; i Bal. 

C. § 3376.) 

130. Unlawful to Dredge for Eastern Oysters— Penalty. 

It shall be unlawful to dredge for or take any oys- 
ters of the species known as eastern oysters from the 
waters of this state for a period of five years from the 
passage of this act except such oysters as may be out- 
side any reservation legally established. Any person 
violating any of the provisions of this section shall be 
deemed guilty of a misdemeanor, and upon convic- 
tion thereof be fined in a sum not less than twenty 
dollars nor more than one hundred dollars: Pi'ovided, 
That this section shall not apply to the State Fish 
Commissioner or any deputy sent by the United 
States Fish Commissioner for the purpose of examin- 
ation. (Laws 1895, p. 333, § i; 2 Bal. C. § 7396.) 

131. Lands May be Leased for Oyster Beds. 

All lands in the waters of the State of Washington 
lying below extreme low tide, not covered by natural 



Fish, Oyster and Game Laivs of Washington. 65 

oyster beds, and not in front of any incorporated city 
or town, nor within two miles on either side thereof, 
shall be subject to lease, for the purpose of planting 
and cultivating thereon artificial oyster beds, under 
the provisions of this act. (Laws 1899, p. 272, §1.) 

132. Prior Right to Lease. 

All persons who, prior to the passage of this act, 
in good faith entered upon lands not in front of any 
incorporated city or town, nor within two miles thereof 
on either side, and planted and cultivated thereon 
artificial oyster beds, and who continue to occupy and 
work the same, and who are now in possession of and 
working said oyster beds in good faith, shall have the 
prior right to lease for a period of six months from 
and after the passage of this act. (Laws 1899, p. 
273. §2.) 
183 Applications for Lease, How Made. 

Applications for the lease of land for the cultiva- 
tion of deep sea oysters under the provisions of this 
act shall be made to the Commissioner of Public Lands 
and shall be accompanied by a map or plat of the 
lands so to be leased. The Commissioner of Public 
Lands shall, upon receipt of such application, direct 
the Fish Commissioner to immediately inspect the 
lands applied for and report to the Commissioner of 
Public Lands his findings as to the following facts : 

Fi'rsif. Whether the land or any portion thereof is a 
natural oyster bed. 

Second. Whether it be necessary in order to secure 
adequate protection to any natural oyster bed to re- 
tain to the public domain the land the application for 
the lease of which has been made or any part thereof. 
—5 



66 Fish, Oyster and Game Laws of Washington. 

Third. Whether the land or any portion thereof 
having been a natural oyster bed within ten years 
past, may reasonably be expected to again become 
such within ten years in the future. (Laws 1899, p. 
273. § 3-) 

184. Term of Lease— Rental— New Application, Etc. 

In case all of the above three questions be answered 
negatively, the Commissioner of Public Lands shall 
immediately issue to the applicant therefor a lease for 
the term of twenty (20) years of the lands so applied 
for at an annual rental of twenty-five cents per acre. 
Should the Fish Commissioner answer one or more of 
the above three questions affirmatively, the Commis- 
sioner of Public Lands shall investigate the matter at 
a public hearing in the county where the lands in 
question are situated. Due notice of such hearing 
shall be given by said Land Commissioner by publish- 
ing a notice to that effect in some paper of general 
circulation in the county, at the expense of the ap- 
plicant, not less than one week and not more than 
four weeks before the date of hearing. Unless at 
such hearing it be conclusively shown to the Com- 
missioner of Public Lands that in the matters at 
issue the Fish Commissioner was in error, he shall 
refuse to lease such lands or such portion thereof as 
may be determined by the foregoing restrictions. 
Application for the lease of lands thus withheld may 
not be made again within six years, except that the 
person last making application may repeat the ap- 
plication during the three months next preceding the 
expiration of the six years. (Laws 1899, p. 273, § 4.) 



Fish, Oyster and Game Laics of Washington. 67 

135. Application Must Describe Location. 

All applications for the lease of oyster lands under 
this act shall, in addition to the surveyor's descrip- 
tion by metes and bounds, make description in such 
local geography as shall suffice to convey a knowledge 
of its location v^ith reasonable accuracy to persons 
acquainted with the vicinity. (Laws 1899, p. 274, § 5.) 

136. Lease Not to Exceed Forty Acres — Affidavit. 

All applications for lease of oyster lands under the 
provisions of this act shall be for an area not to ex- 
ceed forty acres to any one person, and such applica- 
tion shall be accompanied by an affidavit under oath 
that the party making such application leases said 
lands for the purpose of oyster culture only. (Laws 
1899, p. 274, §6.) 

137. Conditions of Lease — Forfeiture. 

It shall be expressly provided in the lease of any 
such oyster land that if at any time after the granting 
of said lease the lands described therein shall cease to 
be used for the purpose of an artificial oyster bed, it 
Shall thereupon revert to and become the property of 
the State of Washington, and that the same is leased 
to the lessee only for the purposes of cultivating oys- 
ters thereon, and the State of Washington hereby re- 
serves the right to enter upon and take possession of 
said tract or tracts, if at any time the same is used for 
an}^ other purpose than the cultivation of oysters. 
(Laws 1899, p. 274, § 7.) 

138. Not to Aifect Existing Laws. 

This act shall in no manner apply to the provisions 
of any act heretofore enacted by the legislature of the 



68 Fish^ Oyster and Game Laws of Washington. 

State of Washington providing for the sale of tide and 
shore lands for the purpose of oyster planting and 
the manner of taking oysters from said tide land beds. 
(Laws 1899, p. 275, § 8.) 

189. Survey and Description to be Recorded, Etc. 

Survey and description of all tracts applied for shall 
be in duplicate, one of which shall be filed with and be 
recorded by the county auditor of the county in which 
said lands are situated in a book kept by him for such 
special purpose, and a duplicate description in the 
office of the Commissioner of Public Lands. (Laws 
1899, p. 275, § 9.) 

140. Abandonment of Lease — Entitled to Lease Other 
Land, When. 

If from any cause any tract or tracts, parcel or 
parcels of land leased under the provisions of this act 
shall become unfit and valueless for the purpose of 
oyster culture, the part}^ having so leased or being in 
possession of the same may, upon certifying such fact 
under oath to the Commissioner of Public Lands and 
to the auditor of the county wherein such lands are 
situated, also upon filing under oath a certificate of 
abandonment of such tract or tracts, parcel or parcels 
of land in the office of each of said officials, such 
party shall then be entitled to lease other lands as 
hereinbefore provided. (Laws 1899, p. 275, § 10.) 

141. Fish Commissioner May Dredgre for Purpose of 
Discovery — May Permit Others. 

The Fish Commissioner of the State of Washing- 
ton may and he is hereby authorized to dredge or per- 
mit others to dredge in all the waters of the State of 
Washington for the purpose of discovering whether 



Fisli^ Oyster and Game Latvs of Washington. G9 

any particular waters, not already reserved, leased or 
appropriated under existing laws or the provisions of 
this act, contain oysters in a natural state, and regu- 
late the taking thereof, under such rules as the Fish 
Commissioner may prescribe. (Laws 1899, p. 275, 

RULES GOVERNING THE DREDGING OF OYSTERS. 



Rules formulated and adopted by the State Fish 
Commissioner, governing the taking of oysters by 
hand dredges in the waters of the State of Washing- 
ton as authorized by section 11 of an act entitled ''An 
act to encourage and protect the culture of deep wa- 
ter oysters in the State of Washington, and declaring 
an emergenc}^" 

Sec. 11. The Fish Commissioner of the State of Wash- 
ington may and he is hereby authorized to dredge or permit 
others to dredge in all the waters of the State of Washing- 
ton for the purpose of discovering whether any particular 
waters not ah'eady reserved, leased or appropriated under 
existing laws or the provisions of this act, contain oysters 
in a natural state, and regulate the taking thereof under 
such rules as the Pish Commissioner may prescribe. 

Pursuant to above section, the following rules and 
regulations have been adopted by the Fish Commis- 
sioner governing the dredging for oysters as above 
stated: 

Rule i. No dredging for 03^sters shall be 'done in 
any of the waters of the State of Washington of a 
depth less than 18 feet at mean low tide. 

Rule 2. All dredging for oysters within the waters 
above stated shall be done between the hours of 6 



70 Fish, Oyster and Game Laws of Washington. 

o'clock in the forenoon and 6 o'clock in the afternoon 
of each day. 

Rule 3. No person shall use steam, electricity or 
any other mechanical or artificial force or power to 
operate any dredging appliances unless specifically so 
stated in any permit issued under above law and these 
rules and regulations. 

Rule 4. An}'' person desiring to operate a dredge 
under the provisions of this law and these regulations 
shall apply to the Fish Commissioner for a permit so 
to do, on blanks to be furnished by the Fish Commis- 
sioner, and shall state with reasonable certainty the 
locality in which said dredge or dredges are to be 
operated. 

Upon application, as above stated, by any person, 
a permit will be issued by the Fish Commissioner for 
said dredges for the purpose of taking oysters as pro- 
vided by law, which shall entitle the holder to operate 
said dredge for the period of one year in the waters of 
this state wherein such appliance is not prohibited by 
law. 

A fee of $2.50 will be charged for the issuing of 
above permit for each and every dredge operated. All 
permits under foregoing law and regulations shall be 
subject to any future regulations that may be adopted 
by the Fish Commissioner to govern the operation of 
said dredges. 



G^4lM:E T^J^y^S. 



142. Office of State Game Warden Created. 

There is hereby created the office of State Game 
Warden, and the State Fish Commissioner shall be 
ex officio such officer. (Laws 1899, p. 276, §1.) 

143. Duties and Powers. 

The State Game Warden shall have full control and 
supervision over all county game wardens appointed 
in pursuance to any statute now existing on the statute 
books of this state, and may have the power to ap- 
point said county game wardens special deputy fish 
commissioners for the county in which said county 
game wardens may reside, and shall have general 
supervision over the enforcement and execution of all 
laws of this state for the protection of game animals, 
game birds, song birds and game fish, and shall have 
all the authority and powers as a peace officer con- 
ferred on county game wardens by any law of this 
state. (Laws 1899, p. 276, § 2.) 

144. Reports of State Game Warden. 

The said State Game Warden, in connection with 
his report as said Fish Commissioner, shall annually, 
on December first, report to the Governor of this state 
a full account of his actions as State Game Warden; 
also the operation and result of all laws pertaining to 
the protection of game animals, game birds and game 
fish. (Laws 1899, p. 276, § 3.) 

(71) 



72 Fish, Oyster and Game Laws of Washington. 

145. Expenses of County Game Wardens. 

The expenses of the county game wardens may be 
paid in the discretion of the State Game Warden and 
State Fish Commissioner for all services performed 
by them as deputy fish commissioners upon the re- 
quest or direction of said State Game Warden and 
said State Fish Commissioner, and said expenses 
when so audited and allowed are made payable out of 
the Fish Commissioner's traveling and incidental ex- 
pense fund. (Laws 1899, p. 276, §4.) 

146. Closed Season for Moose, etc. 

Every person who shall at any time, within the 
State of Washington, hunt, pursue, take, kill, injure 
or destroy any female of the moose, elk, caribou, an- 
telope, mountain sheep or mountain goat species, or 
who shall at any time between the first day of No- 
vember of any year and the first day of September of 
the following year, hunt, pursue, take, kill, injure or 
destroy any male of the moose, elk, caribou, antelope, 
mountain sheep or mountain goat species, shall be 
guilty of a misdemeanor, and upon conviction thereof 
shall be punished as hereinafter provided. (Laws 
1901, p. 279, § I.) 

147. Closed Season for Deer. 

Every person who shall, within the State of Wash- 
ington, at any time between the fifteenth day of De- 
cember of any year and the fifteenth day of September 
of the following year, hunt, pursue, take, kill, injure 
or destroy any deer, shall be guilty of a misdemeanor, 
and upon conviction thereof shall be punished as 
hereinafter provided. (Laws 1899, p. 277, §1.) 



Fish, Oyster and Game Laws of Washington. 73 

148. Prohibiting the Use of Dogs — Certain Counties 
Excepted. 

Every person who shall at any time pursue, take, 
kill, injure or destroy any moose, elk, caribou, ante- 
lope, mountain sheep or goat, or deer with dogs, or 
knowingly allow dogs to chase or destroy said ani- 
mals, shall be guilty of a misdemeanor, and upon 
conviction thereof shall be punished as hereinafter 
provided : Provided, That the provisions of this sec- 
tion shall not apply in the counties of the state lying 
westward of the eastern boundary of the counties of 
Whatcom, Skagit, Snohomish, King, Pierce, Lewis 
and Skamania between the first day of October and 
the first day of November of each year. (Laws 1899, 
p. 278, § 2.) 

149. Limited Number May be Killed. 

Every person who shall, within the State of Wash- 
ington, during the season when it is lawful to kill the 
same, kill more than four deer or more than one male 
of the elk, moose, or antelope, or more than two 
males of the caribou, mountain sheep or mountain 
goat species or who shall kill any spotted fawn, shall 
be guilty of a misdemeanor, and upon conviction 
thereof shall be punished as hereinafter provided, 
(Laws igoi, p. 279, § 2.) 

150. Shall Not Fire Hunt, Trap nor Ensnare. 

Every person who shall, within the State of Wash- 
ington, fire hunt for deer, moose, elk, antelope, cari- 
bou, mountain sheep or goat, or entrap, ensnare or 
set up any traps, swivel, pivot or spring guns, pitfalls, 
or other device for the purpose of trapping, ensnarmg 



74 Fish, Oyster and Game Laivs of Washington. 

or killing deer, elk, moose, caribou, antelope, moun- 
tain sheep or goat, shall be guilty of a misdemeanor, 
and upon conviction thereof shall be punished as here- 
inafter provided. (Laws 1897, p. 83, §5 ; 2 Bal. C. 

§7349-) 

151. Killing for Hides Prohibited. 

Ever}^ person who shall, within the State of Wash- 
ington, at any time, take, kill or destroy any deer, 
moose, elk, caribou, antelope, mountain sheep or 
goat for the skin, hide or horns of such animal, or 
who shall kill any of said animals unless the carcass 
thereof is used or preserved for food, shall be guilty 
of a misdemeanor, and upon conviction thereof shall 
be punished as hereinafter provided. (Laws 1897, 
p. 83, §6; 2 Bal. C. §735o.) 

152. Certain Game Birds — Closed Season — December 
1 to August 15 — Proviso as to Certain Counties. 

Every person who shall hunt, pursue, take, kill, in- 
jure or destro}^ any grouse, partridge, prairie chickens, 
sage hen, native pheasant or ptarmigan between the 
first day of December of any year and fifteenth day of 
August of the following year, shall be guilty of a mis- 
demeanor and upon conviction thereof shall be pun- 
ished as hereinafter provided: Provided, That in all 
counties lying east of the western boundary of the 
counties of Okanogan, Chelan, Kittitas, Yakima and 
Klickitat it shall be unlawful to hunt, pursue, take, 
kill, injure or destroy any prairie chicken or sage hen 
between the fifteenth day of November of any year 
and the fifteenth day of September of the following 
year: Provided further. That in the counties of Kittitas 
and Yakima it shall be unlawful to hunt, pursue, take, 



Fish, Oyster and Game Laius of Washmgton. 75- 

kill, injure or destroy any prairie chickens or sage hen 
from and after the passage of this act and before the 
fifteenth day of August, 1903: Provided, fur tliej', That 
no quail shall be killed until 1903. (Laws 1901, p. 

233, § !•) 

Note.— See note to next section. 

153. Certain Game Birds — Closed Season — December 
1 to August 15 — Proviso as to Certain Counties. 

Every person who shall hunt, pursue, take, kill, in- 
jure or destroy any grouse, partridge, prairie chicken, 
sage hen, native pheasant or ptarmigan, between the 
first day of December of an}^ year and the 15th day of 
August of the following year, shall be guilty of a mis- 
demeanor, and upon conviction thereof shall be pun- 
ished as hereinafter provided: Provided, That no 
person shall kill on one day more than ten of the game 
birds mentioned in this section: Provided, further ,. 
That in the counties of Kittitas and Yakima it shall 
be unlawful to hunt, pursue, take, kill or destroy any 
prairie chickens, sage hen, from and after the passage 
of this act and before the 15th day of August, 1903. 
(Laws 1901, p. 280, § 3.) 

JSToTE.— This and the preceding paragraph (152) are amendments by 
the Legislature of 1901 of section 7351 of Ballinger's Code. Paragraph 153- 
is the later of the two amendments, and as the rule in such cases is that 
the last amendment is substituted for and repeals every provision of the 
former, it would appear that paragraph 153 is the law in force at the pres- 
ent time, and that the provisions of parapraph 152 are inoperative. 

154. Certain Others — March 1 to Aug-ust 15. 

Every person who shall hunt, take, kill, injure or 
destroy any swan, sandhill crane, mallard duck, can- 
vasback duck, widgeon, teal, wood duck, spoonbill, 
gray or black duck, sprigtail, or other game duck, 
rail, plover, or other game water fowl, between the 



76 Fish, Oyster and Game Laws of Washington. 

I St day of March and the 15th day of August of any 
year, shall be guilty of a misdemeanor, and upon con- 
viction thereof shall be punished as hereinafter pro- 
vided. (Laws 1899, p. 7, § I.) 
Note. — See note to next section. 

155. Certain Others — March 1 to Aug-ust 15. 

Every person who shall hunt, take, kill, injure or 
destroy any swan, sandhill crane, mallard duck, can- 
vasback duck, widgeon, teal, wood duck, spoonbill, 
gray or black duck, sprigtail, or other game duck, 
rail, plover, or other game water fowl, between the 
ist day of March and the 15th day of August of any 
year, shall be guilty of a misdemeanor and upon con- 
viction thereof shall be punished as hereinafter pro- 
vided: Provided, That no person shall on any one 
day kill more than twenty-five of the game birds men- 
tioned in this section. (Laws 1901, p. 280, § 4.) 

Note. — This paragraph (155) is an attempted amendment of section 7352 
of Ballinger's Code, which is section 8 of the act of March 11, 1897. (Laws 
1897, p. 83, § 8.) The Legislature of 1899 amended said section 8 of the act 
of 1897, (see Laws 1899, p. 7, § 1,) thereby repealing said section 8 and also 
section 7352 of Ballinger's Code. It would therefore seem that this at. 
tempted amendment (155) has nothing to rest upon and is void, and that 
above paragraph 154 of this compilation continues in force. 

156. Shall not Trap nor Ensnare. 

Every person who shall, within the State of Wash- 
ington, at any time, trap, net or ensnare, or attempt 
to trap, net or ensnare, any quail or bob white, prairie 
chicken, grouse, pheasant, partridge, sage hen, ptar- 
migan, or wild pigeon, or have in his posession any live 
quail or bob white, prairie chicken, grouse, pheasant 
wild pigeon, partridge, sage hen or ptarmigan, except 
for the purpose of propagation, shall be guilty of a 
midemeanor, and upon conviction thereof shall be 



Fish, Oyster and Game Laws of Washington. 77 

punished as hereinafter provided. (Laws 1897, p. 83, 
§9; 2 Bal. C. §7353-) 

157. Use of Sink Boxes, Sneak Boats, Etc., Prohibited. 

Every person who shall use any sink box or sink 
boat or sneak boat for the purpose of shooting wild 
ducks, geese, or other water fowl, or who shall use 
any battery, swivel or pivot gun, or any gun other 
than one to be held in the hands and fired from the 
shoulder, at any time, for the purpose of shooting wild 
ducks, geese, swan, brant, or other water fowl; or 
who shall build any structure in any of the waters of 
this state for the purpose of shooting therefrom wild 
ducks, geese, swan or other water fowl; or who shall 
at any time between one hour after sunset and one- 
half hour before sunrise lire off any gun or build any 
fire or flash any light, or burn any powder or other 
inflammable substance upon the shores of any feeding 
grounds frequented by wild ducks, geese, swan, or 
other water fowl, with intent thereby to shoot, kill, 
injure, destroy or disturb any of such water fowl, 
shall be guilty of a misdemeanor, and upon conviction 
thereof shall be punished as hereinafter provided. 
(Laws 1897, p. 84, § 10; 2 Bal. C. §7354.) 

158. Nest Rolblbin^ Prohibited. 

Every person who shall, within the State of Wash- 
ington, at any time ; destroy or remove from the nest 
the eggs of any wild duck, geese, or other water fowl, 
or the egg or eggs of any Mongolian or native pheas- 
ant, grouse, ptarmigan, prairie chicken, sage hen, 
partridge, quail or bob white, or of any other wild 
fowl, or have in his possession, sell or offer for sale, 
any such egg or eggs, or willfully destroy the nest of 



78 Fish, Oyster and Game Laws of Washington. 

any such wild fowl, shall be guilt}'- of a misdemeanor, 
and upon conviction thereof shall be punished as 
hereinafter provided. (Laws 1897, p. 84, § 11 ; 2 
Bal. C. § 7355-) 

159. Sale of Game Prohibited. 

Every person who shall offer for sale or market, or 
sell or barter any moose, elk, caribou, killed in this 
state, antelope, mountain sheep or goat, deer, or the 
hide or skin of any moose, elk, deer or caribou,^ or 
any grouse, pheasant, ptarmigan, partridge, sage hen, 
prarie chicken or quail at any time of the year, shall 
be deemed guilty of a misdemeanor, and upon con- 
viction thereof shall be punished as hereinafter pro- 
vided. (Laws 1899, p. 278, § 3.) 

160. Purchase of Game Prohibited. 

Every person, agent or employe of a company or 
corporation, hotel keeper, restaurant keeper, board- 
ing-house keeper, or keeper of a market, or other 
person who shall buy or barter for, at any time of the 
year, the whole or any part of the meat of any moose, 
elk, caribou, antelope, mountain sheep or goat, deer, 
or the hide or skin of any moose, elk, deer or caribou, 
or any grouse, pheasant, ptarmigan, partridge, sage 
hen, prairie chicken or quail, shall be guilty of a mis- 
demeanor, and upon conviction thereof shall be pun- 
ished as hereinafter provided. (Laws 1899, p. 278, 

§4-) 

161. Export Prohibited. 

Every steamboat company, railroad company, ex- 
press company, or other common carrier, their offi- 
cers, agents and servants and every other person who 



Fish, Oyster and Game Laws of Washington. 79 

shall transfer, carry or take out of this state, or who 
shall receive for the purpose of transferring from this 
state any of the wild game birds or animals enumer- 
ated in this act, shall be guilty of a misdemeanor and 
upon conviction thereof shall be punished as herein- 
after provided : Provided, however, That upon the 
granting ot a similar privilege by the Legislature of 
the State of Oregon or Idaho to the citizens or resi- 
dents of the State of Washington, nothing in this 
section shall be construed to prevent any citizen or 
resident of the State of Oregon or Idaho from per- 
sonally taking with him any game to the limit of one 
day's hunt, killed by himself, in the State of Wash- 
ington, when it is lawful to take and kill the same ; 
but this provision shall be strictly construed, and the 
burden of the proof shall be upon the person taking, 
with him such game to establish the fact that the 
same was personally killed by himself : Provided, 
That nothing in this section shall be construed to 
prevent any steamboat company, express company, 
railroad company, or other common carrier, then" offi- 
cers, agents and servants, from receiving any of the 
game birds or animals enumerated in this act from 
transferring them from one point to another point 
within this state when said game birds or animals are 
accompanied by the affidavit of the shipper that the 
same is not shipped for sale or profit. (Laws 1901, 
p. 280, §5.) 

162. Certain Pheasants and Quail — Closed Season. 

Every person who shall hunt, pursue, take, kill, in- 
jure or destroy any imported or Oriental pheasant, 
golden, silver, ring-necked, copper, bronze, Chinese 



80 . Fish^ Oyster and Game Laws of Washington. 

or Mongolian pheasant, or California, valley or moun- 
tain quail, or bob-white quail, between the first day of 
December of any year and the fifteenth day of August 
of the following year, shall be guilty of a misdemeanor, 
and upon conviction shall be punished as hereinafter 
provided: Provided, That it shall be unlawful to hunt, 
pursue, take, kill, injure or destroy any of the birds 
named in this section in any of the counties lying east 
of the western boundary of the counties of Okanogan, 
Chelan, Kittitas, Yakima and Klickitat from and after 
the passage of this act and before the fifteenth day of 
August, 1905. (Laws 1901, p. 234, §2.) 

NOTB. — This paragraph is an attempted amendment by the Legislature 
of 1901 of section 7359 of Ballinger's Code, which is section 15 of the act of 
March 11, 1897. (See Laws 1897. p. 85, §15.) The Legislature of 1899 
amended said section 15 of the act of 1897 (See Laws 1899. p. 278, §5), 
thereby repealing said section 15, and also 7359 of Ballinger's Code. It 
would therefore appear that the above paragraph (162) is an attempted 
^amendment of a law which had passed out of existence, and that said 
'paragraph (162) is for that reason void. This attempted amendment is 
followed by an express repeal of the law then existing for the protection 
of the birds mentioned in above paragraph. ( See Laws 1901, p. 234, § 3.) 

163. Song Birds Protected. 

Every person who shall, at any time, take, kill, in- 
jure or destroy, trap, ensnare, molest or disturb, or 
have in his posession, sell, or offer for sale, an}^ night- 
ingale, skylark, black thrush, gray singing thrush, 
goldfinch, greenfinch, bullfinch, red-breasted robin, 
English robin, black starling, grosbeak, meadow lark, 
mocking bird, wild canary bird, or other song bird, 
shall be guilty of a misdemeanor, and upon convic- 
tion thereof shall be punished as hereinafter provided. 
(Laws 1897, p. 86, § 16; 2 Bal. C. § 7360.) 

164. Nests of Song Birds Protected. 

Every person who shall at any time take from the 
nest of any song bird the &g% or eggs of such birds, 



Fish^ Oyster and Game Laius of Washington. 81 



or disturb, molest or destroy the nest of the song 
birds of this state, shall be guilty of a misdemeanor, 
and upon conviction thereof shall be punished as 
hereinafter provided. (Laws 1897, p. -86, § 17; 2 
Bal. C. § 7361.) 

165. Penalty Detinecl— Possession Shall be Prima Facie 
Evidence. 

Every person convicted of any of the misdemeanors 
defined in the foregoing sections (^^146-164) shall 
be punished by a fine of not less than ten dollars nor 
more than one hundred dollars, together with the 
costs of prosecution in such action, and, in default of 
the payment of said fine, shall be imprisoned in the 
county jail one day for each two dollars of such fine; 
and upon the trial of any person, agent or employe 
of a company or corporation, proof of the possession 
of the wild animals, birds or song birds, when it is 
unlawful to take, kill or have same, shall be prima 
facie evidence that the said wild game animal, game 
bird or song bird was unlawfully taken or killed by 
the person having possession of same. (Laws 1897, 
p. 86, § 18; 2 Bal. C. §7362.) 

166. Grame Warden Appointed in Certain Cases. 

The county commissioners of the respective counties 
in the State of Washington are hereby empowered and 
authorized to, and shall, upon application in writing 
of one hundred resident freeholders and taxpayers of 
said county, appoint a suitable person, who shall be 
a qualified elector and taxpayer of said county, as 
game warden for such county, who shall be vested 
with all the authority of a sheriff to perform the duties 
—6 



82 Fish, Oyster and Game Laws of Washington. 

prescribed in the following section. Such game 
warden, so appointed, shall receive a salary of not 
more than fifty dollars ( $50) per month, to be paid in 
the same manner as other count}^ officers. ( Laws 
1901, p. 281, § 6.) 

167. Duty of Warden Defined. 

It is hereby made the duty of ever}^ game warden 
so appointed, and every sheriff, deputy sheriff, con- 
stable, city marshal and police officer, within their 
respective jurisdictions in the State of Washington, to 
enforce all the provisions of this act, and all laws for 
the protection of game birds and animals, fish and 
song birds, and such sheriffs, deputy sheriffs, con- 
stables, city marshals, police officers, or any forest 
rangers appointed by the United States government, 
and each of them, by virtue of their election and ap- 
pointment, are hereby created and constituted ex-officio 
game wardens for their respective jurisdictions, and 
they and each of them, and each and every game 
warden so appointed, under the provisions of the pre 
ceding section, shall have authority, and it shall be 
their duty to inspect all depots, warehouses, cold 
storage rooms, storerooms, hotels, restaurants, markets 
and all packages or boxes, held either for storage or 
shipment, which they shall have reason to believe 
contain evidence of the infraction of any of the pro- 
visions of this act. And if, upon inquiry said officer 
discovers evidence sufficient in his judgment to secure 
a conviction of the offender, or shall have good cause 
to believe that sufficient evidence exists to justify the 
same, he shall at once institute proceedings to punish 
the alleged offenders. (Laws 1901, p. 281, § 7.) 



Fish, Oyster and Game Laws of Washington. 83 

168. Fines Divided Between State and Informer. 

All moneys recovered, and all fines collected under 
this article, shall be paid to the treasurer of the county 
in which the suit, action or proceeding shall ha-e been 
commenced, or in which the offense shall have been 
committed ; and the prosecuting attorney, or treas- 
urer, of such county, upon the payment of any fine or 
judgment, may satisfy the same of record for the 
state. One-half of such money, exclusive of costs, 
shall be paid to and belong to the informer, whether 
such informer be the sheriff, deputy sheriff, constable, 
city marshal, police officer or otfier person, other than 
the game warden provided for in paragraph i66, who 
caused to be brought the action or proceeding in 
which such fine or penalty shall be recovered, and 
shall be paid to such person by the county treasurer 
within thirty days after the same shall be received by 
such treasurer, upon the certificate of the prosecuting 
attorney, justice of the peace or judge who prosecuted 
or heard said action that such action or proceeding 
was brought or caused to be brought by such person, 
and that he is entitled to one-half of said fine. And 
the other one-half of said fine shall be retained by the 
county treasurer to be applied to the payment of the 
game warden appointed for such county. ( Laws 
1897, p. 87, §21; 2 Bal. C. §7365.) 

169. Authority of Warden and Other Officers to Make 
Arrests. 

Any game warden appointed under the provisions 
of this act, any sheriff, deputy sheriff, city marshal, 
constable or police officer, forest ranger, may, with- 
out warrant, arrest any person by him found violating 



84 Fish, Oyster and Game Laws of Washington. 

any of the provisions of this act, or any other act or 
acts hereafter enacted and enforced, at any time for 
the protection of game, fish and song birds, and take 
such person or persons before a justice of the peace 
or municipal judge having jurisdiction, who shall pro- 
ceed without delay to hear, try and determine the 
matter, and give and enter judgment according to the 
allegations and proof. All such actions shall be 
brought in the name of the State of Washington and 
shall be prosecuted by the prosecuting attorney of the 
respective counties. (Laws 1901, p. 282, §8.) 

170. Exceptions. 

The provisions of paragraphs 146-169 shall not ap- 
ply to persons engaged in prospecting for mines of 
precious minerals upon the public domain to the extent 
of the personal need only of such prospector. ( Laws 
1897, p. 88, § 23; 2 Bal. C. § 7367-) 

171. Hunting on Certain Islands Prohibited. 

Every person who shall, on any island in the State 
of Washington located in any fresh water lake, sur- 
rounded by navigable fresh water, and having an area 
exceeding five hundred acres, injure, take, kill or de- 
stroy, or have in their possession except for breeding 
purposes, sell or offer for sale, any elk, deer, black, 
gray or fox squirrels, blue grouse, ruffled grouse, sharp 
tailed grouse, wild pigeons, prairie chickens, American 
pheasants, Mongolian pheasants, golden pheasants, 
bob-white quail, California quail, or woodcock, shall 
be guilty of a misdemeanor. (Laws 1895, p. 332, § i; 
2 Bal. C. § 7368.) 



Fish, Oyster and Game Laws of Washington. 85 



172. Destruction of Nests, etc., of Feathered Grame 
Prohibited. 

Every person who shall at any time destroy or re- 
move from the nest of any of the feathered game in- 
cluded in the last section any egg or eggs, or willfully 
destroy the nest of any such birds, shall be guilty of a 
misdemeanor. (Laws 1895, p. 333, § 2; 2 Bal. C. 
§ 7369-) 

173. Penalty for Violating" Last Two Sections. 
Every person convicted of a, violation of any of the 

provisions of the last two preceding sections shall be 
punished by a fine of not less than fifty dollars nor 
more than one hundred dollars, and in default of pay- 
ment of fine imposed shall be imprisoned in the 
county jail of the county wherein the offense was com- 
mitted until such fine shall have been paid at the rate 
of one day for each two dollars of fine imposed. All 
moneys collected from fines for the violation of the 
provisions of the last two preceding sections shall be 
paid into the general fund of the county for the bene- 
fit of the public schools in said county. (Laws 1895, 
P- 333. § 3; 2 Bal. C. § 7370.) 

174. Unlawful to Hunt or Kill Animals or Birds with- 
out License — License Fees. 

Hereafter it shall be unlawful and it is hereby pro- 
hibited for any resident or non-resident of this state 
of the age of sixteen years or over, to hunt for, pur- 
sue, take, catch or kill any of the animals, fowls or 
birds protected by the laws of this state without hav- 
ing in his possession at the time of such taking, catch- 
ing or killmg a license therefor duly issued to him by 
the county auditor in the county in which the said 



86 Fish, Oyster and Game Laivs of Washington. 

person is then hunting, which county officer is hereby 
authorized to issue such hcense under the provisions 
of this act; such license shall be numbered and dated 
and shall contain the name and postoffice address of 
the person to whom such license shall be granted. 
All licenses provided for in this act shall be issued as 
follows: Upon application therefor by any resident or 
non-resident of this state, an annual license shall be 
issued by the county auditor for the purpose of hunt- 
mg for, pursuing, taking, catching or killing any of 
the animals, fowls, or birds protected by the laws of 
this state, which shall entitle the holder to hunt for, 
pursue, take, hunt, catch or kill any of the said ani- 
mals, fowls, or birds within the county wherein said 
license is issued for the term of one year in any man- 
ner and wherever such hunting is not prohibited by 
law; a fee of one dollar for each license issued to a 
resident of this state or of Oregon or Idaho, and a fee 
of ten dollars issued to any other non-resident of this 
state shall be collected by the county auditors and 
paid over to the county treasurer and by said treas- 
urer placed in the game protection fund. All fines 
collected under the provisions of this act or collected 
under the provisions of any of the game laws of this 
state shall be turned over to the county treasurer and 
placed by him in the game protection fund, which 
fund shall be applied to the payment of salaries of 
game wardens so far as the same will apply: Provided, 
That in addition to the license hereinafter paid upon 
the killing of any male elk the person killing the same 
shall pay into the county treasury in which such elk is 
killed the further sum of twenty dollars, which shall 



Fish, Oyster and Game Laius of Washington. 87 

be placed in the game protection fund ; and upon fail- 
ure so to do, the person killing said elk shall be 
deemed guilty of a misdemeanor and upon conviction 
thereof shall be punished by a fine of not less than ten 
dollars nor more than one hundred dollars together 
with the cost of prosecution in such action. ( Laws 
^igoi, p. 283, §9.) 

Note.— No penalty is prescribed in above act for failure to obtain 
license. 

i^ut see Sec. 67/6, 7i^il and 74 o > )>a^i'nff^r|l 
Annutated Codes, and Statutes of Wa»hingio; 



88 Fish, Oyster and Game Laws of Washington. 



DECISIONS OF SUPREME COURT RELATING TO 
FISHERIES. 



State, ex rel. Alaska Packers' Ass'n et al., v. Craw- 
ford, I^ish Commissioner. 

The fishing Hcense act of February lo, 1893 (Laws 
1893, p. 15), is intended to apply to all the salmon 
waters of the state; and Puget Sound, as designated 
in the act, includes the portion of the Gulf of Georgia 
within the state, it having been so defined in former 
laws on the same subject. ( State ex rel. Alaska Pack- 
ers' Ass' 71, V. Crawford, 13 Wash. 633; 43 Pac. Rep. 
892; Feb. 7, 1896.) 

State, ex rel. Curry, v. Crawford. 

1. License. A license to fish granted by the Fish 
Commissioner under Laws 1893, p. 15, cannot be con- 
fined to any designated locality but authorizes the li- 
censee to fish anywhere m the waters of the Columbia 
river and Puget Sound, over which the state has jur- 
isdiction. {State, ex rel. Curry, v. Crawford, 14 Wash. 
373; 44 Pac. Rep. 876; April 8, 1896.) 

2. Same. An applicant for a fishing license under 
Laws 1893, p. 15, is entitled to a license for one year, 
dating from the time of his appHcation. {Ld.) 

Morris v. Graham et al. 

I. A person engaged in the business of fishing in a 
navigable stream is specially damaged by the placing 
of an obstruction in such stream which interferes with 
the carrying on of his business, and may sue on be- 



Fishy Oyster and Game Laws of Washington. 89 

half of himself and others similarly situated to enjoin 
such obstruction. (^Morris v. Grahafn et al., i6 Wash. 
343; 47 Pac. Rep. 752; January 22, 1897.) 

2. A license to fish, issued by the State Fish Com- 
missioner, under the provisions of Laws 1893, p. 15, 
cannot give the licensee the exclusive right to fish at 
at any designated place. State v. Crawford, \\ Pac. 
Rep. 876; 14 Wash. 373, followed. (/^.) 

3. A complaint, in an action to enjoin the obstruc- 
tion of a navigable stream, which alleges that plaintiff 
had been engaged in fishing therein for a year prior to 
the action, sufficiently shows that plaintiff was entitled 
to fish in such waters, as against the objection made 
at the trial. {Id. ) 

Walker v. Stone. 

1. Act of March 6, 1891 ( Laws 1891, p. 171), 
makes it unlawful to fish for salmon, etc., unless the 
person be a citizen of the United States, or has de- 
clared his intention to become such, and has been for 
six months an actual resident of the state. Act of 
February 10, 1893, provides that persons may own 
and operate certain fishing appliances, and that no 
license shall be issued to any one not a citizen and 
resident of the state, etc. Held that both acts are on 
the same subject, and the term ''citizen and resident" 
is used in the same sense in both. ( Walker v. Stone, 
17 Wash. 578; 50 Pac. Rep. 488; September 14, 1897.) 

2. The latter act requires the Fish Commissioner to 
collect annually specified fees for nets and other appli- 
ances, and provides that there shall be an end and a 
lateral passageway of specified dimensions between 
all nets and fixed appliances in the waters of the 



90 Fish, Oyster and Game Laws of Washington. 

Columbia river and tributaries. Held that one licen- 
see may enjoin a subsequent licensee from construct- 
ing nets too near the former's appliances in violation 
of the provisions of such act as to passageways. C/^-) 

Gerhard v. Worrell e^ a/. 

1. Under Laws 1897, p. 215, §3, making it a mis- 
demeanor to assign a fishing license without notice to 
the fish commissioner, a transfer without giving such 
notice confers no right on the assignee. ( Gerhard v. 
Worrell et al.) 55 Pac. Rep. 625 ; January 10, 1899 ; 
20 Wash. 492.) 

2. Conceding that a set net license confers the 

right to appropriate a fishing location in Puget Sound, 

a location made thereunder is lost by substituting for 

it a location under an expired pound net license, even 

though the owner did not know that the latter had 

expired. 

Halleck v. Davis. 

1. Under Laws 1899, p. 194, prohibiting fishing 
with fixed appliances in any river flowing into Puget 
Sound and within a distance of three miles from the 
mouth of any such rivers, and authorizing the Fish 
Commissioner, for the purpose of enforcing the law, to 
indicate the mouths of said rivers by driving piles 
therein, the action of the Fish Commissioner in lo- 
cating the mouth of any river at a given point cannot 
be reviewed by the court when brought in questipn 
collaterally. (^Halleck v. Davis, 60 Pac. Rep. 11 16; 
April 18, 1900; 22 Wash. 393.) 

2. Laws 1899, p. 194, prohibiting the erection and 
mamtenance of fixed appliances for fishing within 
three miles of the mouth of any river flowing into 



Fish^ Oyster and Game Laws of Washington. 91 

Puget Sound, contemplates that the measurement to 
determine whether the act has been violated should 
be made over an all-water course and not in a straight 
line across the uplands. (/^.) 

Griffith e^ ux. v. Holman. 

1. A public nuisance can be abated only by a pub- 
lic officer, except in case of a person having some spe- 
cial interest in the abatement different from and greater 
than the interest of the community. (^Griffith v. 
Holman, 63 Pac. Rep. 239; December 3, igoo.) 

2. A fresh-water unmeandered stream of the average 
width of forty feet, and the depth of four feet at high 
water and of two feet at low water, and in some places 
only six inches deep, which is never used as a floatable 
stream or for transportation except in small rowboats, 
from which persons fish for pleasure, is non-navigable. 

3. In non-navigable streams the right of fishing is 
in the riparian owners. (/^.) 

4. One through whose land a non-navigable stream 
flows may maintain a fence across it. (/^.) 

Legoe v. Chicago Fishing Co. 
I. Under Sess. Laws 1897, p. 214, § 7, providing 
that, if the locator of a fishing site fails to construct 
his appliance during the fishing season covered by his 
license, such location shall be deemed abandoned, one 
who had a valid location on a fishing site during one 
season, but failed to construct his appliance, is not 
disqualified, by such abandonment, from relocating 
the same site a following season. (64 Pac. Rep. 141; 
March 7, 1901.) 



92 Fish, Oyster and Game Laws of Washington. 

2. Sess. Laws 1897, p. 214, provides that the inten- 
tion to locate a fishing site shall be indicated by driv- 
ing three substantial piles thereon, one of the piles to 
be driven at each end of the location claimed, and 
posting the locator's license number on such terminal 
piles. Defendant had located the same site the previ- 
ous season, and its manager and employes were mak- 
ing tests as to the tide, leaving at noon, but returned 
in the evening, and posted its license number on the 
piles driven the previous year. Plaintiff, in the after- 
noon of the same day, went to the location, and set 
three piles above the line of low tide by digging holes 
in the sand, and posted his license number on the 
the terminal poles, and three days later returned and 
drove piles, posting his license number on the termi- 
nal ones. Held, that defendant had the prior right to 
the location, the fact that it used the piles driven the 
previous season, and did not drive them concurrently 
with the posting of the license, not affecting the valid- 
ity of the location, (fi^-) 

Fall & Sockeye Fish Co. v. Point Roberts Fish- 
ing & Canning Co. 

I. Where defendant corporation became insolvent, 
and its fishing location was sold by a receiver, and 
purchased by plaintiff with knowledge that it was 
closer than allowed by law to another location re- 
tained by defendant, such purchase from the receiver 
was subject to the rule of caveat emptor, so that plain- 
tiff was not entitled to an injunction restraining the 
operation of the defendant's trap. ( Fall 6^ Sockeye 
Fish Co. V. Point Roberts Fishing &^ Canning Co., 64 
Pac. Rep. 792; April 17, 1901. 



Fish, Oyster and Game Laws of Washington. 93 

2. Where plaintiff bought a fish-trap location from 
defendant's receiver, knowing that such trap was 
within the lateral limits prescribed by law for the op- 
eration of traps, and defendant drove its trap for the 
next season from 60 to 200 feet still nearer plaintiff's 
location, plaintiff, while not entitled to an injunction 
restraining the operation of defendant's trap, was en- 
titled to an order restraining the operation of defend- 
ant's trap any nearer plaintiff's location than it was 
when plaintiff bought. (/^.) 

DeMers v. Sandy Spit Fish Co. e^ al. 

1. From an order granting a temporary injunction 
in favor of plaintiff an appeal was taken. On June 
26th thereafter motion was filed in the appellate court 
by defendants to dismiss their appeal, and the motion 
served on attorneys for plaintiff, who endorsed thereon 
permission to have the motion acted on at once. 
Subsequently defendants, by a cross complaint, 
prayed an injunction against plaintiff, which was 
granted June 30th. Defendant's appeal was formally 
dismissed in the following September. Held, that 
the trial court had jurisdiction to allow the injunction 
in favor of defendants after the notice of dismissal. 
{^DeMers v. Sandy Spit Fish Co., 64 Pac. Rep. 799; 
April 13, 1 90 1.) 

2. The failure of a person having obtained a loca 
tion for the erection of fishing traps to erect such 
traps during the licensed season is not an abandon- 
ment of the location, and an injunction restraining 
such person from thereafter using such location, on 
the theory of abandonment, is erroneous. (/^.) 



II^DEX TO SUBJECTS. 



FISH COMMISSIONER. 

Paae. Par. 

Arrests 6 11 

Deputy fish commissioners, appointment 3 3 

'' " " bonds of 4 5 

" '• " compensation of 4 4 

" instructions to 4 5 

" " " term of office 3' 3 

Expenses shall be audited 6 7 

Fish Commissioner, appointment 3 1 

term of office 3 1 

Attorney General may advise 4 6 

bond of 3 2 

compensation of 3 4 

duty of 6 8 

report of 6 9 

may administer oath 26 43 

as State Game Warden, office of. created. . . 71 142 

" " " " duties and powers. 71 143 

'• '• " " reports of 71 144 

Inspection of canneries 6 10 

Resisting an officer, punishment for 7 12 

Special deputy may be appointed 7 13 

" " compensation of 7 14 

STATE FISH HATCHERIES. 
Board of Fish Commissioners 



" " " compensation of members of . 

Hatcheries 

" location of 

" on the Chehalis river 

" to be in control of commissioners 



9 


20 


8 


16 


8 


17 


8 


18 


9 


19 



PACKING, LABELING. ETC. 

Labeling of cans containing salmon, penalty 10 23 

Marking of fish packages 11 24 

Package of salmon, how marked, penalty 10 22 

Puget Sound, definition of 9 21 



96 Index to Subjects. 



REGULATIONS FOR THE CATCHING OF SALMON. 

Page. Pa?'. 

Appliances may be confiscated , 28 48 

Boats to be numbered 14 27 

Chambers creek 22 34 

Closed season 21 33 

Dealers shall report to State Fish Commissioner 25 42 

Double pound 18 30 

Fees for business of buying, packing, etc 19 31 

" for canneries 19 32 

" on catch 18 30 

Fish hatchery fund 25 39 

License 12 26 

" citizens only may procure 13 26 

" failure to obtain, misdemeanor 23 36 

" fees 17 30 

Licenses, how obtained, etc 16 29 

" assignment of 13 26 

Locations 22 35 

Monthly staterdents 19 31 

Oaths may be administered by Fish Commissioner 26 43 

Penalty for violation 27 46 

Pound nets, traps, etc., extent of and how placed 15 28 

" " " how constructed, size of meshes 14 26 

" " " " license number of displayed 14 27 

" '' " *' separate license for each trap, etc 13 26 

Protection of food fishes 24 38 

Puget Sound defined 28 49 

Repeal — Saving clause 27 47 

Reports to Fish Commissioner confidential 26 45 

Rivers and Deception Pass, use of certain apparatus prohibited. 11 25 

Salmon defined 25 40 

Set nets — when not unlawful 24 37 

Taking salmon — when unlawful 20 33 

Terms defined 26 44 

U. S. officers may take for propagation 25 41 

GAME LAWS RELATING TO THE TAKING OF FISH. 

Bass, perch, pickerel and pike, protection of 38 74 

" " " " closed season 38 74 

•' " " " may be taken only with hook 

and line 38 75 

" " " " penalty 38 76 

Branding or marking fish packages for sale 37 72 

Citizenship and residence, how determined 34 65 

Citizens only may take fish for sale 34 64 

Chinese lines prohibited 37 71 



Index to Subjects. 97 



Page. Par. 

Columbia river, protection of salmon in 30 54 

Corrupting waters containing tish 32 57 

Diseased or unwholesome provisions 38 73 

Explosives, use of 32 57 

Fees for issuing certificates — registry 35 67 

Fish rack, taking of salmon near 31 55 

Fishway, taking of fish near, unlawful 32 58 

Justices of the peace, jurisdiction of 34 62 

Persons excepted from operation of certain sections 36 68 

Pound nets, traps, etc., numbered and lighted 33 61 

Propagation, may be taken for 34 63 

Punishment for violation of act of 1891 35 66 

Salmon defined 33 60 

" young must be restored to water 31 56 

Sawdust, etc., cast into streams 33 59 

Sturgeon, protection of 36 69 

" young, protection of 36 70 

Trout, when may not be taken 28 50 

" may be taken only with hook and line 29 51 

" possession presumption of unlawful taking 29 52 

" penalty for violations of paragraphs 51, 52 29 53 

PRIVATE FISH HATCHERIES. 

Fish and game protection fund 42 86 

License fee for buying, packing, selling, etc 41 84 

Penalty 42 87 

Private hatchery, riparian proprietor may establish 39 77 

passage-way 39 78 

defined 40 79 

sale of fish from 40 80 

when fish may be sold 40 81 

license fee 41 82 

reports to Fish Commissioner 41 83 

Repealing clause 42 89 

Tags or brands on fish sold 42 88 

Unlawful to take fish without permission of proprietor 42 85 

BOARD OF OYSTER LAND COMMISSIONERS. 

Board of oyster land commissioners, appointment and terms 43 90 

" " " " compensation of 45 93 

" " " " meetings, records, etc 50 104 

" " " " restrictions on sale of oys- 
ter lands 50 105 

" " " •' to act with Fish Comm'r... 49 102 

" " " " to prosecute violations 47 98 

Laber to be performed by licensee when required 48 100 

Licenses to take oysters 47 99 



98 Index to Subjects. 

Page. Par. 

Oyster beds, natural, definition of 46 97 

" " " reservation of, when depleted 48 101 

" " " reservation of 46 96 

" " shall be platted by Commissioner of Public Lands. 45 95 

" " public hearing to investigate character of 44 92 

" lands, application for purchase of 44 91 

" shall be sufficiently described 45 94 

Young oysters shall be returned to beds 50 103 

OYSTER LANDS, HOW ACQUIRED. 

Oyster lands, acquisition of, for planting — survey, etc 51 IOg 

" " amount that may be purchased 54 111 

" " construction of law relating to 55 112 

" " citizens only may purchase 54 111 

" " price per acre, survey, etc.. United States survey 

need not be followed 51 107 

•' " prior right of purchase to actual occupant 52 108 

" " " '• " construction of act of 1895, 

relating to 53 110 

" " right to purchase, upland owners 53 110 

SALE OF OYSTER LANDS. 

Oyster lands, artificial oyster cultivation, right to purchase 56 113 

" " •' amount that may be purchased 56 113 

" " shall revert to state 57 114 

OYSTER BEDS— PROPAGATION AND GATHERING OF OYSTERS. 

Act of 1899 not to affect existing laws 67 138 

Applications must describe location G7 135 

Definition of word " person." 59 118 

Evidence, how secured 62 123 

Lease, abandonment of — entitled to le ise of er land, when 68 140 

applications, for how made 65 133 

conditions of — forfeiture 67 137 

" not to exceed forty acres — affidavit 67 136 

'• prior right to 65 132 

term of — rental — new application, etc 66 134 

Oyster beds, acquisition and discovery 58 115 

'• lands may be leased for 64 131 

" '• penalty for unauthorized gathering 58 116 

" " time allowed in which to remove from tide lands. . . 59 117 

Oysters, dredging for, Eastern, unlawful 64 130 

Fish Commissioner may for purpose of 

discovery, and may permit other-s 68 141 

" •■ penalty for 63 127 

" rules governing 69 

" unlawful 63 126 



Index to Subjects. 99 






Page. Par. 

Oysters, natural, how lawfully gathered 62 125 

" legal period for gathering 63 128 

" may be taken for propagation 63 128 

" penalty and damages in civil action for removing 61 122 

" planting in deep water 60 120 

" " no right to purchase conferred by this act. ... 61 121 

" small, to be returned to beds 62 121 

Penalty for violation of paragraph 128 64 129 

Planter's rights, tide or shore land 59 119 

Survey and description to be recorded, etc 68 139 



GAME LAWS OTHER THAN RELATING TO FISH. 

Arrests, authority of warden and other officers to make 83 169 

Closed season for certain game birds 74 152 

Closed season for certain game birds 75 153 

Certain others — March 1 to August 15 75 154 

Certain others — March 1 to August 15 76 155 

County game wardens, expenses of 72 145 

Deer, closed season for 72 147 

etc., unlawful to fire hunt, trap, etc 73 150 

Dogs, use of, prohibited — certain counties excepted 73 148 

Evidence, possession prima facie 81 165 

Export of game prohibited 78 161 

Fines, disposition of 83 168 

85 173 

Game birds, protected 76 156 

Game warden appointed in certain cases 81 166 

authority of 81 166 

./ 83 169 

" duty of and other officers 82 167 

Hides, killing for, prohibited 74 151 

Hunting license required 85 174 

Hunting on certain islands prohibited 84 171 

Moose, etc. , closed season for 72 146 

" etc., limited number may be killed 73 149 

Nest robbing prohibited 77 158 

Nests, destruction of, etc.. of feathered game prohibited 85 172 

Officers, other, compensation of 83 168 

Penalty for violation of paragraphs 146-164 81 165 

Penalty for violation of paragraphs 171-172 85 173 

Pheasant and quail — closed season 79 162 

Prospectors may kill game for necessary use 84 170 

Purchase of game prohibited 78 160 

Sale of game piohibited 78 159 

Sink boxes, sneak boats, etc 77 157 

Songbirds protected 80 163 

nests of, protected 80 164 



100 Index to Subjects. 

Page. Par. -, 

State Game Warden, of&ce of, created 71 142 1 

" duties and powers 71 143 ' 

" " reports of 71 144 

Supreme Court decisions 88 



i 



